- Kelly VanBuskirk, lawyer

Adjudicator George Filliter found Dornan "had nothing to do with it at all," according to Levitt.

"I think what we now know, in very explicit, clear terms, is that problems in our health-care system, and problems in our emergency rooms, are not isolated," said Dornan's other lawyer, Saint John-based Kelly VanBuskirk.

"Those are unfortunately much more frequent than anyone had hoped, and certainly have been repeated since Dr. Dornan's departure," VanBuskirk said when interviewed with Levitt.

35-year reputation ruined within 40 minutes

Still, in the span of a 40-minute news conference, the reputation of Dornan, an endocrinologist and internal medicine specialist, who has practised medicine in New Brunswick for 35 years, was ruined, his lawyers argue.

In the aftermath, Dornan was interviewed twice for a similar job in another province, but negotiations suddenly ended "because they heard from New Brunswick some negative commentary about the circumstances of his termination," Levitt said.

That's why the adjudicator took the unprecedented step of not only awarding aggravated damages, but such a high amount, he said.

He "looked at all the facts and said [the province] really muddied [Dornan's] reputation when he's a guy who's operated with pure integrity, and was untouched in cross-examination of the case, acted in good faith, and was badly treated," Levitt said.

Dornan did not immediately respond to a request for comment.

Province is reviewing the decision

CBC has also requested a comment from the Premier's Office.

The province is "aware of the decision," said Department of Health spokesperson Adam Bowie.

"We are reviewing it and have no other comment," he said in an emailed statement.

Premier Blaine Higgs has defended what he called his 'shock and awe' changes to New Brunswick's health-care system leadership. He was removing a 'bureaucratic stalemate,' he has said. (CBC News)

The province could seek a judicial review of the decision, but Levitt contends it's unlikely.

"The test for judicial review [is] you have to show no reasonable adjudicator could have come to this decision," he said. "It's an extraordinarily hard test."

Verbal agreement overrides later contract

The province had Dornan sign a contract after he had already accepted the job and started working that stipulated he could be terminated with one year's pay. The adjudicator found this was unenforceable.

Dornan agreed to sign it, according to Levitt, because he had already given up his previous positions and arranged replacements for himself.

"And he thought, 'Well, geez, what am I going to do now? I've taken this job, I can't go back to my old jobs. If I don't sign this contract, I'll have nothing.'"

The government had argued if Dornan signed it, he was bound by it.

Dornan's lawyer Kelly VanBuskirk said to have his employment ended in the way that it was constituted a 'serious … embarrassment and upset for him,' as well as his family. (Submitted by Kelly VanBuskirk)

But the adjudicator found Dornan wasn't asked to get independent legal advice, and the contract didn't override the verbal five-year agreement he already had since he received nothing in return for the punitive one-year termination provision.

The arbitrator reached his decision following a Saint John hearing held Dec. 20-21 and written arguments that extended into February.

Dornan filed his grievance within 25 days of termination, as required under the act that governs relationships between the New Brunswick government and government employees.

Pushed for tighter COVID rules leading up to firing

Just days before his ouster, Dornan had pushed to move the province's hospitals back to the "red phase" of COVID-19 measures, an internal email obtained by CBC News revealed.

"A seventh COVID wave is amongst us," with hospitalizations and staff outbreaks increasing, he wrote on July 11.

A Horizon infectious disease and infection protection control committee was "recommending moving to Hospital Red phase next week if numbers continue to deteriorate," according to the email.

Dornan wrote that officials "could make that call collectively on Monday or Tuesday next week," referring to July 18 and 19.

He was fired on July 15, and the move to the red phase never happened, even though the numbers did continue to deteriorate.

In a COVID update July 19, Horizon and Vitalité reported an increase in COVID hospital admissions, active hospitalizations, hospital outbreaks and staff infections between July 10 and July 16.

Three days after his email, and one day before his firing, Dornan encouraged Horizon staff to "consider showing an example" by masking in indoor public spaces because of "escalating" COVID-19 transmission, an internal memo obtained by CBC said.

Masking has not been required in New Brunswick since March 14, when all COVID-19 restrictions were lifted.

Dornan's firing was "not related" to the July 14 memo, a Department of Health spokesperson told CBC on July 18.

When Dornan was appointed president and CEO last March, then-health minister Shephard noted he had held "several positions in leadership, educational and front-line activities."

"His skills, abilities and competencies will ensure the Horizon Health Network will continue to deliver high-quality health-care services to residents," she said in a statement at the time.