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A judge has ruled on what was a months-long back-and-forth over a series of documents central to a lawsuit launched by the former CEO of Alberta Health Services.
A judge has ruled on what was a months-long back-and-forth over a series of documents central to a lawsuit launched by the former CEO of Alberta Health Services.
The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results. Athana Mentzelopoulos, former CEO of Alberta Health Services, is seen outside the law courts in Edmonton on April 29.
A judge has ruled on what was a months-long back-and-forth over a series of documents tied to a lawsuit launched by the former CEO of Alberta Health Services. Lawyers for Athana Mentzelopoulos had argued that she had retained records after her termination so she would be able to act as a “whistleblower” if necessary and publicly reveal her concerns about government procurement.
In disagreeing with that argument in court on Wednesday, Court of King’s Bench Justice Michael Lema said his findings were largely anchored in the employment agreement terms that dictate what is meant to happen with documents after termination.
“When it comes to what that all means in terms of whether Ms. Mentzelopoulos can have, keep, use those documents, the bottom-line conclusion is she cannot,” Lema said. She claimed in the suit that the government terminated her to quell her inquiries into conflicts of interest and questionable terms in AHS contracts for privately-run surgical facilities. The defendants, meanwhile, have claimed that she was dismissed for not fulfilling her duties as CEO. Both parties deny the allegations against each other.
For several months, lawyers for the province and Mentzelopoulos had argued in court over whether records the former health executive intended to use in her lawsuit were hers to use. Lawyers for the government and AHS had said that there were several documents Mentzelopoulos was contractually obligated to return after her termination, but which she had kept.
‘Tug of war’ over alleged privileged records in Mentzelopoulos case argued in court Lema’s decision, filed Thursday, states that with a few exceptions, the records that were claimed are confidential and privileged. It goes on to say that Mentzelopoulos must return any original AHS or government-privileged or confidential records in her possession or control.
She must also destroy any hard copies, delete any electronic copies, and not disclose “or otherwise make use” of any of the records unless the court permits it. He also filed an order sealing any privileged or confidential records that were filed for the purpose of Mentzelopoulos’ application. Lema noted that the proper legal procedure would be to request records through the standard court process.
Lema also ordered one of the lawyers representing Mentzelopoulos to file an affidavit by Oct. 9 detailing who looked at the privileged records and if any measures were taken to limit access to those materials. Munaf Mohamed, a lawyer retained by the government of Alberta, said his client “is pleased with the decision. ” “ looks forward to having the case dismissed as it considers the claim to be without merit,” Mohamed wrote in an email.
Sharon Roberts, a lawyer for Mentzelopoulos, said after more than a year and a half of litigation, Lema’s decision means the lawsuit can actually get moving.
“The judge will have to make a decision about what records are being compelled from the parties who hold them,” Roberts said.
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