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

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) with the First Instance Court of the Province of Mendoza to condemn the Health Insurance of Public Personnel [Obra Social de Empleados Públicos – O.S.E.P] to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) with pre-implantation genetic diagnostic …Read more

The plaintiff was compelled by resolution 27 211 of the Directorate General of Resources of the Municipality of Río Cuarto [Dirección General de Recursos] to pay a tax that affected its commercial, industrial and service activity. Nobleza Piccardo S.A.I.C appealed this resolution to the Administrative Court of the Municipality Río Cuarto [Tribunal Administrativo de la Municipalidad de Río Cuarto] which …Read more

The plaintiff filed a suit against ACA Salud Cooperativa de Prestaciones de Servicios Médico Asistenciales Limitada to provide a therapeutic companion and comprehensive coverage for the treatment that she carried out in the Anorexia and Bulimia Prevention Association [Asociación de Lucha contra la Bulimia y la Anorexia – ALUBA]. The Provincial First Instance Court of Necochea …Read more

The plaintiff brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way to end that situation) against the Province of Buenos Aires to declare the …Read more

The plaintiff, the leader of the Toba indigenous community – Félix Díaz –  filed a suit with the Supreme Court of Justice (by original jurisdiction) against the province of Formosa for breaching a precautionary measure and to order the cessation of the construction of an Hospital. The precautionary measure prohibited the Province of Formosa to build …Read more

The plaintiffs, the legal guardians of their brother, filed a complaint so that the Court order the withdrawal of enteral tube feeding and hydration of their brother that artificially keep him with life. The patient in October 23 of 1994 suffered a car accident that left him in a permanent vegetative state. His representatives based …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program …Read more

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

The plaintiffs, Logística La Serenísima S.A, Danone Argentina S.A., Mastellone Hermanos S.A. and Mastellone San Luis brought the case to the Supreme Court of Justice by original jurisdiction to initiate a declarative action (an preventive action to request the cessation of a state of uncertainty that cause a harm and there is no legal alternative way …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

This case involves a claimant that repeatedly requested house arrest due to disability, but was denied house arrest and held in a prison he claims lacks the infrastructure necessary to maintain his right to health and dignity. Claimant was being held in pretrial detention at a prison complex. With authorization of the court, he underwent …Read more

The plaintiff, a woman that suffered a hemorrhagic stroke that left her in a coma since 1999, filed a suit against the Provincia Servicios de Salud S.A for breach of contract. The plaintiff signed a contract with the respondent called “Plan Verde” [Green Plan]that stated that in case of hospitalization and surgery hospitalization, the insurance …Read more

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the INCUCAI [Instituto Nacional Central Único Coordinador de Ablación e Implante] that challenged the INCUCAI resolution that prohibits the autologous use of the hematopoietic stem cell originated in placental blood and umbilical cord obtained in the birth of their children. The Federal …Read more

The plaintiff, the Health Insurance of the Construction Workers [Obra Social del Personal de la Construcción – OSPECON], filed suit against the National State, Ministry of Health and Social Action and Superintendent of Health Services to liquidate and transfer the corresponding funds from the Fondo Solidario de Distribución [Solidary Distribution Fund] created in law 23.661 to …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State [INCUCAI] that challenged the INCUCAI resolution that prohibits the autologous use of the hematopoietic stem cell originated in placental blood and umbilical cord obtained from the birth of their children. The co-plaintiff, Matercell S.A., a private cell bank where the mother …Read more

The plaintiff filed an appeal to the Supreme Court of Justice of the Province of Buenos Aires [Suprema Corte de la Provincia de Buenos Aires] against the health insurance of the Province of Buenos Aires [I.O.M.A] to obtain comprehensive coverage treatment in a special school [CEPP] for their disabled son that had Down’s syndrome, where he …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health of Buenos Aires for it to provide a cardioverter defibrillator and cardiac resynchronisation that was prescribed for his disease (dilated cardiomyopathy), and at the same time filed for a precautionary measure so the cardioverter defibrillator and cardiac …Read more

The plaintiff brought the case with First Instance Civil and Commercial Court of San Martín [Juzgado de Primera Instancia en lo Civil y Comercial N°7 de San Martín] against the provincial executive organ of the Federal Program of Health [PROFE Salud] to provide coverage and prescribed medicines she needed for her strict treatment for her systemic …Read more

The plaintiff filed a precautionary measure with First Instance Family Court of La Matanza [Juzgado de Familia N° 7 de La Matanza] against the Ministry of Health of the province of Buenos Aires for it to provide health care and radiation treatment for her disease. The provincial court held that it lacked competence to solve …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with Federal First Instance Court of La Plata [Juzgado Federal Instancia n° 2 de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage for her underage son who suffered from sensorineural deafness. The Federal …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) to the First Instance Labor Court of La Plata [Tribunal del Trabajo n 3 del Departamento Judicial de La Plata] against the responsible of the Federal Program of Health [PROFE Salud] to provide health coverage. The First Instance Labor Court of La Plata …Read more

The plaintiff brought the case to the Superior Court of Province of Neuquén to declare the unconstitutionality of the executive provincial decree 1184/2002 that regulates the National Law of Indigenous Policy 23 302 [Ley Nacional de Política indígena 23.302] because it violated Articles of the National Constitution, International Laws, Federal Legislation  and Provincial Constitution (Articles 7, …Read more

A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more

The plaintiff filed a suit to the First Instance Contentious Administrative and Tributary Court of the City Buenos Aires [Juzgado N° 14 Contencioso Administrativo y Tributario de la Ciudad Autónoma de Buenos Aires] against the City of Buenos Aires [Ciudad Autónoma de Buenos Aires] to obliged them to declare the nullity of the Resolution N° 1174 MSGC-07 …Read more

The plaintiff brought the case to the First Instance Criminal Court of Lomas de Zamora [Juzgado de Garantias n° 3 de Lomas de Zamora] against three workers of the painting factory “MATRA” who presumably threw toxic substances in an area located in Esteban Echeverría, violating Law 24 051. The First Instance Criminal Court of Lomas de …Read more

The plaintiff, the mother of her underage daughter, filed a suit with First Instance Civil and Commercial Court of La Matanza [Juzgado de Primera Instancia en lo Civil y Comercial N°1 del Departamento Judicial de la Matanza] to obtain liquidate damages against the physician and hospital who treated her daughter and the health insurance company …Read more