A recently recruited doctor is suing CancerCare Manitoba, claiming it reneged on an agreement that saw him abandon his job in Calgary and move to Winnipeg.
Dr. Maclean Thiessen, an oncologist specializing in breast and gastrointestinal cancer, filed a lawsuit against the provincial agency in the Court of King’s Bench on Aug. 20.
The doctor says he suffered “humiliation, embarrassment and damage to his professional reputation” because CancerCare provided “misleading, untruthful and/or inaccurate information” when it recruited him to work in the province.
CANCERCARE
Dr. Maclean Thiessen, an oncologist specializing in breast and gastrointestinal cancer, filed a lawsuit against CancerCare Manitoba, claiming it reneged on an agreement that saw him abandon his job in Calgary and move to Winnipeg.
The lawsuit comes amid a doctor shortage in Manitoba and the government’s to recruit 100 new doctors before next spring.
According to the statement of claim, CancerCare approached Thiessen around the summer of 2018 and he interviewed for an oncology position within the province.
At the time, he was a certified physician with a master’s degree in nursing and community health. He was also enrolled in further studies at the University of Calgary and earning around $360,000 in a temporary role as an oncologist, the lawsuit says.
CancerCare agreed to hire him in November of that year, providing him with a letter of intent that included a description of the position and the terms of his employment, it says.
Based on the letter, Thiessen accepted a part-time position that would see him earn up to $95,000 per year while working two half-day clinics per week. He believed his duties would include work in both breast and gastrointestinal cancer clinics, the lawsuit reads.
Thiessen was to transition into full-time employment after completing a three-year doctor of philosophy program with the University of Manitoba. During his studies, CancerCare agreed to provide salary support of up to $100,000 per year, it says.
The doctor was also later appointed as a scientist with CancerCare’s research institute, where he could earn additional research funding.
Thiessen claims CancerCare “unilaterally purported to modify the terms of employment” after he moved to Winnipeg, slashing his salary support to $68,000 and assigning him strictly to breast cancer clinics.
As a result, the doctor was ineligible to apply for a number of funding opportunities related to his PhD program and as a researcher. He ultimately resigned from the research institute to focus on his studies, which he was unable to complete until 2023, he said.
“Despite the significant reduction to the plaintiff’s salary, PhD support and clinical duties, the plaintiff says that he was required to comply with the defendant’s unilateral modifications … as he had resigned from his employment in Calgary,” the claim says.
MIKAELA MACKENZIE / FREE PRESS FILES
Manitoba health minister, Uzoma Asagwara
The lawsuit argues the letter of intent was legally binding, and CancerCare failed to fulfill its obligations “honestly and in good faith.”
Thiessen is seeking unspecified damages and asking the court to account for his loss of income, inability to secure research funding and the delay in completing his PhD studies.
The lawsuit also claims his mandated clinical work went “beyond what he was contracted to provide without additional remuneration.”
Thiessen is listed as practising at CancerCare Manitoba at Health Sciences Centre in Winnipeg on the College of Physicians and Surgeons of Manitoba registry.
CancerCare has yet to issue a statement of defence.
Twylla Krueger, CancerCare’s director of communications, said the agency is aware of the lawsuit but can’t comment while litigation is ongoing.
Avery Sharpe, one of the lawyers representing Thiessen in his suit, said the same.
“As the matter is currently before the courts, I will have to respectfully decline to comment. That said, we believe the statement of claim accurately sets out the facts of the situation,” Sharpe said in an email.
Overall, Manitoba has the second-lowest number of physicians per capita in Canada. It would take 445 more physicians to reach the national average, and 781 more to have the most per capita in the country.
“After years of the previous administration driving doctors away from Manitoba, our government is focused on welcoming doctors”–Uzoma Asagwara
A report from Doctors Manitoba published in June showed 165 physicians left their practice in 2023 — the highest in 11 years. On average, 213 doctors start practising in Manitoba annually, while 153 doctors move to other jurisdictions or retire.
A spokesperson for the organization said it cannot comment on the pending litigation, but offered a general statement about physician recruitment.
“Manitoba must put its best foot forward to attract and retain doctors. That means ensuring our province is competitive and trustworthy when it comes to offering and honouring recruitment offers,” the spokesperson said.
“We hope to see CancerCare and all key organizations in the health-care system support any and all qualified physicians looking to relocate to Manitoba.”
Manitoba’s health minister noted the responsibility of contracts falls to the employer, with each one negotiated and drafted individually.
“After years of the previous administration driving doctors away from Manitoba, our government is focused on welcoming doctors,” Uzoma Asagwara said in a statement.
“That means working with each physician to find a practice that works for them and fits the needs of our patients.”
The province has introduced a new office tasked with recruiting and retaining physicians by supporting them as they navigate licensing and credentialing requirements, Asagwara added.
tyler.searle@freepress.mb.ca
Tyler Searle
Reporter
Tyler Searle is a multimedia producer who writes for the Free Press‘s city desk. A graduate of Red River College Polytechnic’s creative communications program, he wrote for the Stonewall Teulon Tribune, Selkirk Record and Express Weekly News before joining the paper in 2022. Read more about Tyler.
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