Government, health authority seek injunction against former Alberta Health Services CEO

A Court of King's Bench justice has reserved her determination connected the province's petition to compel the former CEO of Alberta Health Services to delete enactment emails she sent to her backstage relationship the time earlier she was fired.

Lawyers representing the Alberta authorities and Alberta Health Services argued successful an Edmonton courtroom Friday that the 9 emails they cognize astir incorporate confidential accusation that belongs to AHS. They are seeking an injunction against Athana Mentzelopoulos from sharing the material. 

The authorities besides wants the tribunal to compel Mentzelopoulos to look cross-examination by its lawyers to find retired who she has already sent that accusation to. Mentzelopoulos's lawyer Dan Scott called specified an exercise, "a sportfishing expedition."

The injunction petition is tied to a wrongful dismissal suit Mentzelopoulos filed against her erstwhile leader and Alberta's wellness curate earlier this year.

She claims she mislaid her job, successful part, due to the fact that she had launched an probe and forensic audit and was taking a 2nd look astatine the prices successful contracts involving the Alberta Surgical Group earlier extending the agreement.

Mentzelopoulos besides widened the AHS investigations to see the procurement of aesculapian supplies.

LaGrange and AHS person denied the allegations successful her connection of claim. 

On Friday, lawyer Munaf Mohamed argued for the authorities that Mentzelopoulos violated her employment declaration by forwarding the emails. The papers says an worker cannot instrumentality confidential accusation belonging to AHS erstwhile they permission the organization.

AHS said successful an amended connection of defence that it learned successful mid-March that Mentzelopoulos forwarded 9 confidential emails to her idiosyncratic email relationship connected January 7. Mohamed said 2 of those emails are protected by solicitor-client privilege.

Mohamed besides alleged that Mentzelopoulos has purposely avoided cross-examination connected what AHS worldly she has and who she shared it with.

"If she comes nether oath and tells america she's deleted it all, nary 1 saw it different than her, I'm not going to person a problem," helium told the judge. 

Mohamed said if Mentzelopoulos needs the documents she tin entree them done find arsenic the suit proceeds. 

Scott told the tribunal his lawsuit has already deleted the emails. 

Investigations

Mentzelopoulos's allegations astir AHS procurement and contracting person led the Alberta auditor wide and RCMP to motorboat investigations. The Alberta authorities has besides hired a erstwhile provincial tribunal justice from Manitoba to look astatine AHS contracting. 

Scott argued the authorities wants to cross-examine his client because they are trying to find retired what she shared with the auditor general.

"They're trying to get a backmost doorway into what that probe is astir arsenic good arsenic what the RCMP probe is about," helium said. 

Scott said Mentzelopoulos's employment declaration was with Alberta Health Services, not the Alberta government, and allows her to disclose confidential accusation if it helps AHS. Scott argued she could beryllium trying to support the wellness authorization from the government.

Scott told the tribunal that Leanne Wagner, an adjunct lawman curate with Alberta Health, referenced the contented of the emails taxable to solicitor-client privilege successful a caller affidavit filed this week. 

He said privilege implicit the documents belongs to Alberta Health Services, not Alberta Health, truthful it isn't wide however she obtained the emails. 

"I'm going to taxable she had nary much close to spot them and work them than I do," Scott said.