Fraser Health Seeks to Block Whistleblower Lawsuit, Citing Lack of Court Jurisdiction

Fraser Health Authority is attempting to halt a whistleblower lawsuit filed by an emergency room physician who alleges a breakdown in patient safety and retaliatory threats for raising concerns — arguing the B.C. Supreme Court has no jurisdiction to hear the case.

The legal move is in response to a civil claim filed in June by Dr. Kaitlin Stockton, who served at two Fraser Health hospitals. Stockton says emergency rooms have deteriorated to dangerous levels, and her job was threatened after she publicly warned patients about wait times and systemic failures.

In a jurisdictional response submitted July 7, Fraser Health stated that the matter should not be handled by the court. While the authority declined to comment further due to ongoing legal proceedings, Stockton’s legal counsel, Kathryn Marshall, says the jurisdictional challenge is an attempt to move the case into closed-door arbitration.

“These issues go far beyond private employment matters. This is about public health and safety in our hospitals,” said Marshall. “It’s critical that these allegations be examined in open court.”

Stockton’s lawsuit alleges physicians raised alarms about violent incidents, staff shortages, and degrading conditions at Eagle Ridge Hospital in Port Moody and another Fraser Health site — only to be ignored or silenced. She claims she faced “constructive dismissal” after posting a sign in the emergency room describing wait times as “unacceptable.”

According to the lawsuit, Fraser Health identified her via security footage and hospital leadership subsequently pressured her to apologize under threat of disciplinary action. She is now seeking $500,000 in damages for wrongful dismissal and what she describes as “high-handed, arrogant and contemptuous” conduct by the health authority.

“The heart of this case is transparency,” Stockton said. “Taxpayers and patients deserve to know what’s happening inside our hospitals. Trying to push this behind closed doors is just another attempt to shield the truth.”

She argues the legal battle is about more than her personal experience — it reflects broader issues in the province’s strained health-care system.

Fraser Health will now have to convince a judge that the court should decline jurisdiction, setting the stage for a key legal test over how—and where—whistleblower complaints in B.C.'s public sector can be heard.