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The B.C. Supreme Court has handed private clinics a major victory, ordering the NDP Government to not enforce provisions of the Medicare Protection Act until their validity is established at a lengthy ongoing trial.

“Taking into account the circumstances of this constitutional litigation and a preliminary assessment of the evidence, the plaintiffs have established that injunctive relief is appropriate in this case,” Justice Janet Winteringham said Friday in a surprising 74-page decision.

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The injunction will prevent the Medical Services Commission from enforcing sections of the act that came into force Oct. 1 constraining access to privately provided necessary medical care.

“Obviously I’m disappointed because it takes away our ability to do what we are obligated to do and what we need to do — enforce the law,” Health Minister Adrian Dix responded.

“But that said, the court case involved has been going on for 10 years and I’m a very patient person about court cases; I’m a very impatient person when it comes to improving patient care in B.C.”