A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

In 1980, the Applicant, Mr. James Clifton Murray, was found guilty of the murder of a six year old girl in Aruba. At the time of his conviction, the Netherlands consisted of the Netherlands and the Netherlands Antilles, which included the islands of Aruba and Curaçao. The judgment from the First Instance Court of the …Read more

The plaintiff Urgenda, a foundation committed to a more sustainable society, brought a claim on behalf of over 800 individuals against the defendant, the state of the Netherlands, regarding climate change. Specifically, the plaintiff asked the court to rule that it would be unlawful for the defendant not to reduce annual greenhouse gas emissions by …Read more

DG, arrived in the Netherlands from Bulgaria in 2007. She worked at a restaurant and then as a prostitute. She stated in her complaint that she left prostitution after a client held her hostage at gunpoint. Unable to pay her rent, DG became homeless in December 2008. DG applied for shelter under the Social Support …Read more

A., a boy born in the Netherlands to a Nigerian immigrant mother, was diagnosed with an autistic disorder and an intellectual deficiency. As a result, A. required counseling programs as a supplement to traditional schooling by the Dutch Care Needs Assessment Centre (“CAC”). A. made a request for a residence permit under the Dutch Aliens …Read more

According to the Benefit Entitlement Act (“BEA”), health care providers who offer medically necessary care to illegal immigrants must be compensated for their expenses. To achieve this, the BEA increased the budget of the Ministry of Health, Welfare and Sports (“the Ministry”). Instead of managing the compensation fund itself, the Ministry appointed the Foundation Koppeling …Read more

The Applicant was a multi-handicapped child suffering from “Down Syndrome, a congenital heart defect and a delayed thyroid disorder”. He was being treated for his condition and, in the absence of treatment, it was expected that his physical and mental condition would deteriorate.  Applicant had applied for a grant of residence, which was denied by …Read more

The author was a resident of the Netherlands who was employed in a part-time salaried position and was also simultaneously self-employed, working with her husband at his business. She was insured under the Sickness Benefits Act (“ZW”) in relation to her salaried position and under the Invalidity Insurance (Self-Employed Persons) Act (“WAZ”) in relation to …Read more

S, a Netherlands national, was born in 1986. S suffered from Duchenne Muscular Dystrophy (DMD), a disease characterized by progressive muscle degeneration, loss of the ability to walk and often the loss of lung or cardiac functions. S was unable to stand, walk, or lift his arms and his manual and digital functions were virtually …Read more

This case concerns a referral from the Centrale Raad van Beroep (the Netherlands Court of Appeal) to the European Court of Justice from two conjoined cases for the correct interpretation and application of Articles 59 and 60 of the EC Treaty (which relate to the freedom of services throughout the EU). Both cases concern Dutch …Read more

In the Netherlands, the sickness insurance scheme was based principally on the Law on Sickness Funds (the “ZFW”), the Law on General Insurance for Special Sickness Costs and the Law on Access to Sickness Insurance. Such insurance scheme required prior authorization for treatment which was not carried out by a contracted provider; almost all contracted …Read more

The applicant was a Columbian national residing in the Netherlands. He complained that his expulsion to Columbia would violate Article 3 of the European Convention on Human Rights (the “Convention”) which prohibits torture and inhuman or degrading punishment, as he would be unable to continue treatment for his HIV and Hepatitis B and would therefore …Read more

The applicant company’s business includes the development of real property and owned 6 blocks of flats nearby the port of Rotterdam. It was reported that a smell of mineral oil had been noticed in a garden during digging. In a report it was found that pollution was caused by heavy metals and the local residents …Read more

The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more

The applicant (Mrs. Feldbrugge), a Netherlands citizen, was removed from sickness benefits she had been receiving through health insurance because a medical examination had shown that she was again fit to work. Upon taking her case to the Appeals Board, the President ruled against her based on the medical testimony of the Board’s medical staff. …Read more

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Winterwerp brought an action against the Netherlands following his detention in a psychiatric hospital. Winterwerp was committed to a psychiatric hospital in accordance with the emergency procedure then in force under the Act on State Supervision of Mentally Ill Persons. Six weeks later, during Winterwerp’s emergency detention, his wife applied for his provisional detention at …Read more