Thecourt.ca

Standard of Care & Causation in Medical Negligence TheCourt.ca

WEBIn Armstrong v Royal Victoria Hospital, 2019 O NCA 963 (“Appeal Decision”), a majority of the Ontario Court of Appeal set aside the lower court’s finding of …

Actived: 4 days ago

URL: https://www.thecourt.ca/scc-to-review-standard-of-care-and-causation-issues-in-medical-negligence-suits/

A Constitutional Right to Access Private Health Care

WEBThe plaintiffs are challenging ss. 14, 17, 18, and 45 (“the impugned provisions”) of BC’s Medical Protection Act (“ MPA ”), which prohibit the provision of …

Category: Medical Go Health

Genetic Non-Discrimination Act Reference

WEBAt the hearing of the Genetic Non-Discrimination Act Reference, SC 2017, c 3 [GNDA Reference], at the Supreme Court of Canada (“SCC”) this month, Justice …

Category: Health Go Health

Chaoulli v Quebec and the Future of Canadian Healthcare

WEBThe Supreme Court of Canada’s 4-3 decision in Chaoulli v Quebec , [2005] 1 SCR 791 [ Chaoulli ], striking down the impugned provisions in Quebec law (see Health …

Category: Health Go Health

R v Cullotta: Admissibility of Blood Samples where Police have Co …

WEBIntroduction. Often, the Supreme Court of Canada (“SCC”) issues reasons for their decisions without writing a lengthy judgment of its own. It is easy to overlook …

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Test for Discrimination on Family Status Grounds TheCourt.ca

WEBThe Court held that the three-factor test in Moore is the authoritative framework for prima facie discrimination on all prohibited grounds (UNA 2021, para 61). …

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The Early Effects of the Health Services Decision

WEBFour months ago, in Health Services and Support – Facilities Subsector Bargaining Assn v British Columbia, [2007] 2 SCR 391 [Health Services], the Supreme …

Category: Health Go Health

Thompson v Ontario : Lessons for Future Charter Challenges to

WEBThis is the second of a two-part post on Thompson v Ontario. Part I discussed (1) the section 7 Charter analysis undertaken by Belobaba J of the Ontario …

Category: Health Go Health

R v Moquin: Definition of "Bodily Harm"

WEBThe MBCA Decision. Under s. 2 of the Criminal Code, “‘bodily harm’ means any hurt or injury that interferes with the health or comfort of the person and that is more …

Category: Health Go Health

QCCA Says Prohibitions on Genetic Discrimination Are Not Valid …

WEBThe Quebec Court of Appeal (“QCCA”) recently delivered its opinion in the Genetic Non-Discrimination Act Reference, [GNDA Reference], concluding that the …

Category: Health Go Health

Anti-Black Racism Reports in R v Morris TheCourt.ca

WEBOn February 11, 2021, the Ontario Court of Appeal (“ONCA”) will hear the Crown’s appeal to Justice Shaun Nakatsuru’s decision in R v Morris, 2018 ONSC 5186 [Morris].In his …

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ONCA Advances Pay Equity Legislation Enforcement of Proxy …

WEBOn March 9, 2021, the Ontario Court of Appeal (“ONCA”) ruled in favour of Ontario Nurses Association (“ONA”) and Service Employees International Union (“SEIU”) Local 1 on the …

Category: Health Go Health

Judicial Biography: Justice Andromache Karakatsanis

WEBPost 4/9 in TheCourt.ca’s Judicial Biography Series (Fall 2019) Justice Andromache Karakatsanis is the Supreme Court of Canada’s (“the Court” or “SCC”) …

Category: Health Go Health

Resolute v Ontario

WEBIn the context of environmental land and water contamination, tribunals and courts have the difficult role of ensuring the appropriate parties are held liable for …

Category: Health Go Health

Ontario’s Sex Offender Registry Discriminates Against People with

WEBThen in November, the SCC ruled Ontario’s sex offender registry is discriminatory to those found “not criminally responsible on account of mental disorder” …

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SCC to Hear Administrative Segregation Appeals TheCourt.ca

WEBFuture SCC Appeal. The SCC will hear these cases together, and will have the opportunity to determine whether, and to what extent, administrative segregation in …

Category: Health Go Health

R v Greater Sudbury : Belt and Brace Yourself for this Decision

WEBIn R v Greater Sudbury (City) 2023 SCC 28, th e Supreme Court of Canada (“SCC”) decided the “belt and braces” theory for workplace safety warrants treating …

Category: Health Go Health

When Is an "Owner" an "Employer"

WEBThe ONCA focused on the first branch of the definition: a party that “employs one or more workers” is an employer under the OHSA (Sudbury, para 10). The ONCA …

Category: Health Go Health

A Judicial Biography of Justice O'Bonsawin The Court.ca

WEB“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” – Michelle O’Bonsawin (The Globe …

Category: Health Go Health

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