UHNBC surgeon accuses fellow doctor, Northern Health of discrimination

A member of the BC Human Rights Tribunal has ruled that an orthopedic surgeon’s case against a fellow orthopedic surgeon and Northern Health Authority will proceed to a hearing.

In an April 1 ruling, Andrew Robb denied applications to dismiss the complaint from Dr. Anthony Joseph Costa.

Costa and Dr. Michael Moran both practiced at NHA-operated University Hospital of Northern BC in Prince George. Costa took leaves due to depression symptoms related to the structuring of on-call responsibilities. Costa alleged that NHA failed to modify the schedule to accommodate his medical needs and removed some of his hospital privileges, including operating room access.

He eventually resigned in December 2021 from NHA, because of NHA and Moran’s failure to accommodate his disability and NHA’s failure to provide a discrimination-free workplace.

Costa said in his complaint that he asked Moran in September 2020 to be more supportive of his mental health when Moran told him he planned to return him to the on-call schedule. Moran, Costa claimed, said “you’ve pissed me off” and “why don’t you just quit like you said you would?”

“Dr. Moran’s application to dismiss does not address this allegation,” Robb wrote.

A doctor’s letter the next month said Costa had been diagnosed with a major depressive episode and he needed to be removed from the on-call schedule.

Members of the division voted to remove Costa in March 2021. In April 2021, an independent medical examination found Costa had developed an adjustment disorder “due to work-related issues,” and was fit to practice with no restrictions. But Costa did not return to the on-call schedule.

“After receiving the report, NHA says it continued to try to find a workable solution for

Dr. Costa,” Robb wrote. “It says it engaged in discussions with him about returning to practice and on-call duties during the following months.”

Costa unsuccessfully proposed returning to the rotation such that he would never be on-call for more than 24 hours at time or in a shift adjacent to his wife, Dr. Denise Mackey.

Costa originally filed the complaint in July 2021 and amended it in January 2023. Separately, he alleged in August 2022 that he was subject to retaliation for filing the original complaint.