Statement of

Dr. Brian Ferguson, M.D.

1. My name is Brian Ferguson, I am a physician and I have been

practicing in the Province of Nova Scotia for the past 40 1/2 years.

2. I've been married to the same wonderful woman for 40 years, D r.

Celina White, and we have raised 4 children who have moved on to
pursue successful lives and careers.
3. I have served the people of Cumberland County for over 35 ½ years
as a family physician and emergency medical practitioner.
4. In 2014 I was honoured to receive the Nova Scotia Rural
Physician of the Year Award.
5. I along with others championed the establishment of the Level 2
Emergency Service at the new Regional Healthcare Centre at
Amherst to serve the people of Cumberland County and others.

6. I am proud that I assisted in the establishment of the Cumberland

Paramedical Service.
7. In April 2020, my life changed drastically because of an unsigned
complaint.
8. For the past 19 months, I have been engaged with the Nova Scotia
Health Authority, ("NSHA"), in a process that appears to be unending.
9. I will tell my story while protecting the identity of individuals.

10. On April 1 of 2020, I was engaged in a conversation with a

physician colleague. This colleague had some significant behaviour
issues,and I finally expressed my displeasure with his behaviour
and attitude. We had words.
11. He became very angry with me and a few hours later told me
that he had a "complaint" against me.
12. I simply asked him to produce a signed written complaint and I
would respond appropriately as the protocol requires.
13. My angry colleague said, "if you want a written complaint, I'll get
one".
14. The next thing I knew, I was contacted by NSHA Management
and given a copy of an unsigned complaint with the typed names of
several nurses attached to it.

15. An un-signed document created by and provided by my angry

colleague.

16. I was able to confirm subsequently that most of nurses whose

names were typed on the document were not even aware that it
existed, and others disavowed it.

17. My initial meeting with an NSHA Management member was

reasonable and I was advised that my explanations were valid and
that would be the end of the matter.

18. However, an upper-level NSHA Management person who

did not meet with me initiated the formal complaint process which
is now unending.

19. Another physician colleague who had participated in the

complaint and subsequently realized it was not valid wanted to retract
it.

20. NSHA Management told him in no uncertain terms that he

should not do that and pressured him to not file a formal withdrawal.
21. An informal mediation meeting was held in May 2020.
Absolutelynothing I said made any difference or was even
listened to.
22. Many of the items in the alleged complaint were demonstrably
ridiculous and yet, again nothing I said made any difference. I was
presented with a set of conditions which were completely
unreasonable and born no connection with the mediation in my
opinion.
23. I rejected the NSHA proposal.
24. I was subsequently threatened, in writing, that NSHA
Management would go through my patient charts to see if there
were any "issues".
25. I provided a formal response that I believed this was
intimidation and clearly meant to pressure me into accepting the
 NSHA "settlement" which I believed was completely unjust.

26. In the meantime, NSHA Management filed a new complaint

against me, this time, alleging that my “mental faculties” might be
“an issue” and suggesting that I might require an examination by a
psychologist.

27. A Formal Mediation on that “urgent complaint” was held on

February 12,2021.

28. The request for an examination of my mental faculties was

abandoned by the NSHA and I continued to practice as an employee
of the NSHA.

29. With the intervening complaint resolved, now we are back to

the complaint of April 2020 .
30. Over a year later, on May 21, 2021, a formal mediation meeting
was held and failed.
31. The NSHA then made the decision to proceed to a formal
hearing.
32. However, it has now been 5 months since and still no hearing.
33. Two months ago, the NSHA indicated it would reveal the actual
formal complaint that would form the basis of the hearing. It has been
two months and I've still not yet seen that document.
34. (I would point out that during this entire process I have been
providing emergency medical services for the NSHA in Cumberland
County without incident or issue).
35. With extreme reluctance, I have concluded that there is no
realistic possibility whatsoever that I could receive anything
resembling fairness or justice in this process.

36. To make matters incredibly worse, the NSHA Management sent

a “Memo” to all staff at the hospital and indeed circulated it
throughout the province, including to my wife, Dr. Celina White.
37. This “Memo” served to intimidate any potential witnesses on my
behalf. I believe this was the intent.
38. As a result of that “Memo” and other actions by the NSHA,
colleagues and other co-workers are simply too intimidated now
totestify on my behalf.
39. They see what is happening to me and understand that the
same thing could potentially happen to them.
40. The NSHA Management understood that under the
Regulations,I apparently have no power to subpoena witnesses.
41. Therefore, I am now in a positionwhere I'm facing the
proceedings commenced by an unsigned complaint, created by an
angry colleague, with malicious intent, and the NSHA has tied my
hands behind my back legally by making sure I can have no witnesses
at my hearing.

42. My lawyer, Jim O’Neill, on my instructions had been preparing

an application to the Supreme Court of Nova Scotia under the
Canadian Charter of Rights and Freedoms on the basis that my rights
have been violated. However, I’ve also been advised by him that this
entire legal process could go on for several years yet because it is
somewhat unprecedented.

43. I am also concerned that the Hearing Committee members

have been appointed solely by the NSHA.

44. The same NSHA that is also pursuing the case against me. It
appears to me to be one and the same.

45. One of the proposed Committee members is also a member of

the NSHA Management. I believe he would have had and continues
to have a great deal of ongoing interaction with “interested members”
of the NSHA Management and that he would have a great deal of
knowledge already about the case.

46. My concerns have been expressed to the Committee solicitor

but at this time I am not aware that the member has voluntarily
decided to withdraw from the Committee. I had instructed my lawyer
to make a motion for recusal but given my decision, that motion is no
longer going forward.

47. At this point in my life and career, I have no desire to continue

to battle with the N SHA for years to come.

48. In recent years the NSHA has been losing valuable medical
 staff throughout the province and the newspaper accounts paint a
pictureof an organization that may have lost its way.

49. I have made the difficult decision to completely withdraw from

the legal process. In doing so, I understand the NSHA will now be
free to continue this proceeding against me to whatever results they
wish to obtain.

50. Notwithstanding the past 2 years, I've had a very rewarding

career with the N SHA and I hold no ill will.

51. Indeed, it is my fervent hope that I will be able to continue

serving the people of CumberlandCounty as an emergency room
physician. However, this will now be completely up to the N SHA.

52. My purpose in making this statement is to hopefully

communicate my story to all the thousands of patients, friends, and
neighbours that I have had the honour of treating over the years.

Dr. Brian Ferguson, M.D.