The Durham Hospital Emergency Department. The Durham Hospital Emergency Department. (Photo courtesy of Google)
Midwestern

West Grey continues fight to save Durham Hospital beds amid legal challenge

The battle over the closure of Durham Hospital’s inpatient unit has escalated, with the South Bruce Grey Health Centre (SBGHC) and the Ontario Ministry of the Attorney General filing to have West Grey’s application for a judicial review dismissed.

West Grey’s application, filed in May, challenges the SBGHC’s decision to relocate the hospital’s 10 inpatient beds to Kincardine and Walkerton. The beds were moved in June amid what the health centre described as a “critical nursing shortage.” However, Mayor Kevin Eccles tells CKNXNewsToday.ca that the municipality is determined to see the legal process through, despite resistance from the health centre and provincial authorities.

“South Bruce Grey Health Centre, the Ministry of Health, and the Attorney General have appealed that the case should not even be heard,” Eccles said. “So now we are in the appeal process.”

The judicial review aims to establish whether SBGHC overstepped its authority by removing inpatient beds from Durham Hospital. West Grey is asking the court to recommend the beds be returned. However, the motion by SBGHC and the province seeks to halt the case entirely, arguing that the courts should not interfere with operational decisions made by healthcare organizations.

Eccles believes this resistance reflects a lack of confidence in the legal grounds for the closure. “My thinking is that they must be scared that the courts are going to see it a lot differently if they’re trying to get it thrown out before it can be heard,” he said. “If they truly believe they have the right, then why wouldn’t you want to validate it in court? They’re doing everything they can to avoid being proven wrong.”

The case holds significance beyond Durham. Eccles warns that the outcome could set a precedent affecting rural hospitals across Ontario. “We’re the only municipality right now that has started a legal case. Everyone else is sitting back, waiting to see what we’re doing,” Eccles explained. “If this can be done here, the way it’s being done, it could dramatically restrict rural healthcare across the province.”

Eccles emphasized the broader implications for communities dependent on rural hospitals, where closures and service reductions could leave residents with limited access to care. “This isn’t just about Durham, it’s about ensuring that rural healthcare is protected for everyone,” he said.

The mayor also expressed frustration with the lack of transparency and collaboration from the health center and the province. “Let’s get down to brass tacks here and find out what’s going on with the Ministry of Health and how [SBGHC is] being instructed to deliver rural healthcare,” Eccles said.

As he awaits a decision on whether the judicial review will proceed, Eccles remains hopeful that the courts will allow the case to be heard. “We have a very good case,” he said. “We want to prove they didn’t have the right to do what they did, and it’s got to be reversed.” The Ministry has declined comment citing the case’s ongoing status in court.

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