The Municipality of West Grey is accepting an Ontario Superior Court ruling that dismissed its attempt to legally challenge the South Bruce Grey Health Centre’s (SBGHC) controversial decision to relocate 10 inpatient beds from the Durham hospital site to Walkerton and Kincardine, but West Grey’s mayor says the fight for rural healthcare access is far from over.
Mayor Kevin Eccles says the court’s ruling was not unexpected, but still disappointing. The judicial review was denied on the grounds that the SBGHC board is a private, not public, entity, despite operating public health services in small-town Ontario.
"We thought that we would have had the decision first of the year, around Christmas time," Eccles told CKNXNewsToday.ca. "Here we are in the first of June, six months later, and the longer it went on, I went, 'Yeah, I don't think we're going to get a chance to put everything forward to the courts.'"
Eccles said the key finding in the court decision, which was that SBGHC is a private corporation and not subject to judicial review, raises troubling questions about local oversight in public health delivery.
"They declared it to be a private [entity], so there couldn’t be a judicial review on the public aspects of it," he explained. "That makes it a lot different on how we're going to move forward, because we're not dealing with a public entity in the eyes of the court…we’re dealing with private."
The ruling brings an end to a legal avenue that West Grey Council had pursued after SBGHC’s 2023 announcement that it would consolidate Durham’s inpatient beds in other communities. The move sparked fierce criticism from local residents, doctors, and council members concerned about the long-term viability of the Durham site and equitable healthcare access across the region.
While West Grey will not pursue further appeals, Eccles said the municipality will redirect its focus to advocacy and collaboration.
"We will direct our energies and resources toward the best way to address having health care delivered in rural Ontario in a manner that is best for the community," he said. "There’ll still be a lot more effort into how local governance is involved in the delivery of provincial and federal-mandated public health care."
In a statement released Monday, June 16, 2025, the municipality reiterated that while the court decision is final, the concerns raised in the case remain valid.
"The Municipality of West Grey maintains that the concerns raised were valid and rooted in the best interests of our residents," the statement reads. "The relocation of inpatient beds has a profound impact on the elderly, vulnerable populations, and families who rely on accessible, local healthcare services."
Eccles says there are no current plans for another legal challenge, but council will continue exploring what role municipalities can play in shaping rural healthcare policy and access.
"I don't think that this council has any appetite for going forward with any more legal action," he said. "But we will be dealing a lot more into how we're going to work with [SBGHC] or the Ministry of Health."
Despite the outcome, there are some signs of optimism. Eccles said that recent provincial investments in the Durham site show that higher levels of government still recognize its value.
"We’ve seen a bit of positive light as there’s been some capital investment made in the Durham hospital," he said. "And I look forward to working with South Bruce Grey and the Ministry of Health on being able to find ways to deliver health care in a local fashion that meets the needs of our rural communities."
West Grey has expressed its appreciation to residents, healthcare professionals, and community leaders who supported the challenge and continue to advocate for better access to care.
Mayor Eccles summed it up simply: "We certainly haven’t stopped."