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

Pursuant to Article 7 and Article 9 of the World Health Organisation Framework Convention on Tobacco Control, the European Union passed Directive 2014/40 to regulate tobacco products. The Directive required cigarette packs to include graphic images of diseased human organs and banned menthol cigarettes. It also regulated electronic or “e-cigarettes” by limiting the amount of nicotine they could …Read more

The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more

The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more

The applicant was a lung specialist in Poland. She couldn’t agree with the chief physician of the ward she had been working in regarding the decisions he had been making in relation to the diagnosis and treatment of patients. The applicant then communicated the matter to the regional consultant for lung diseases, specifying how the …Read more

The applicant was a polish national who had been suffering from narcolepsy (chronic sleep disorder) since 1977 followed by diabetes and hypertension in 1989, sleep apnoea in 1996 and epilepsy 1998. In 1998, he was advised by his psychiatrist to take the drug Vigil (Modafinil) as it could make his condition better than existing drugs. …Read more

The applicant was a Polish national who claimed that his brother (a deceased) had been subjected to improper medical treatment at Kalisz hospital in Poland where the deceased was first examined and treated on emergency on August 26, 2007. After the first treatment, the deceased was diagnosed with acute pancreatitis on August 27, 2007. The …Read more

The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more

This case concerned access to timely prenatal examinations in order to make an informed decision whether or not to continue with a pregnancy. During her eighteenth week of pregnancy, RR’s doctor told her that her fetus might be affected by a malformation. RR informed her doctor that if further tests confirmed the malformation, she would …Read more

The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more

A homosexual man claimed that his sexual orientation had been the single ground on which Polish courts had denied him the right to succeed to the tenancy of a flat in which he had lived with his partner. The applicant believed he had been refused the status of a person who had remained in actual …Read more

The plaintiff lost his unemployed person status for three months due to his failure to appear at the Labor office on an appointed date and for not providing a reason afterwards for his missed appointment. He missed the appointment because he was confused about the appointment date. Losing his unemployment status resulted in him losing …Read more

The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more

Frankowicz worked as a gynecologist preparing medical reports at clients’ request. He wrote a report on the long-term treatment of one of his patients in which it was noted that the client was suffering from chronic hepatitis and cirrhosis. Furthermore, Frankowicz wrote that the client’s previous doctor “had failed to take the actions [necessary] for …Read more

The complainant’s principle allegation was that the portion of Article 52(2) of the Code of Medical Ethics (the “Code”) that read “a physician shall not discredit another physician publicly in any way whatsoever” violated the freedom of expression guaranteed in Article 54 of the Constitution of the Republic of Poland (the “Constitution”). The complainant was …Read more

The plaintiff’s son had a congenital heart defect and sought surgery at University Hospital in M , which was outside of Poland.  The plaintiff applied to the Polish National Health Fund to pay for the treatment. While awaiting the decision of the President of the National Health Fund, the plaintiff had the surgery performed. As …Read more

Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more

On August 2006, the Director of the Voivodeship Branch of the National Health Fund rejected the application of the plaintiffs for the reimbursement of the costs incurred during the plaintiff’s in vitro fertilization procedure. The plaintiffs had neither obtained a physician’s referral for the in vitro treatment nor filed an application with the Director of …Read more

Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more

Since 1999, plaintiff Teaching Hospital and defendant National Healthcare Fund entered into contracts that committed the National Healthcare Fund to finance the obstetric pathology services provided by Teaching Hospital. The contracts between the plaintiff and defendant contained a maximum annual amount that the National Healthcare Fund would finance for the subsequent year, however due to …Read more

The dispute concerned the correct interpretation of healthcare statutes. In December of 1988, the Healthcare Institution in Z (the plaintiff) contracted with the Mazowiecki Regional Health Fund (the defendant) to provide healthcare benefits. (The defendant was an entity charged under the Act on Universal Health Insurance (the “Act”) to carry out certain obligations arising from the …Read more

The plaintiff, a hospital, entered into an agreement for in-patient healthcare service with the defendant, a regional health fund. The contract did not include a provision that the services provided by the Anaesthesiology and Intensive Care Unit (“ICU”) be contracted separately, but did provide that the amount to be paid by the defendant constituted the …Read more

Between 1993 and 1998, the applicant was accused of multiple offenses, including preventing her neighbors from accessing a track to the housing estate, inciting her two daughters to attack their neighbor physically and verbally, threatening her neighbor with a shovel, and doing unauthorized renovation work. In conjunction with the proceedings in the cases against the …Read more

Applicant Mr. Zdzislaw Nitecki was a Polish national diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, in 1976. In June 1999, he was prescribed the drug Rilutek to treat his ALS. He appealed to the Kujawsko-Pomorski Health Insurance Fund (“Fund”) to reimburse his out-of-pocket costs, noting that, as a pensioner, he …Read more

Applicant, a Polish national suffering from chronic depression, alleged violations of Articles 3 (prohibition of torture), 5.3 (trial within a reasonable time), 6.1 (unreasonably long proceedings), and 13 (effective remedy) of the European Convention on Human Rights (ECHR). The applicant was in detention for fraud charges. While in prison, he attempted suicide twice and went …Read more

The applicant was a Poland national with sight disability. He was taken by police officers to a sobering-up center as a result of an allegation made by post-office clerks that he was drunk and  disturbed at the post-office after checking his boxes on 5 May 1994. His conditions were recorded and he was assessed as …Read more

The applicant, a Polish national, was convicted in the Gdańsk Regional Court for participating in an illegal assembly. Subsequently, the applicant requested an unspecified amount of damages for injuries he allegedly sustained during his detainment resulting from a separate criminal proceeding. The Gdańsk Regional Court asked him to specify the amount of damages and produce …Read more