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

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

The plaintiff qualified for a class action suit and sought to gather members to the class. The class action was filed for physical harm suffered by patients who were injected with a cosmetic facial filler called Dermalive manufactured by Dermatech, Intradermal Distribution Inc., and Vivier Pharma Inc. The plaintiff proposed to directly notify class members …Read more

In British Columbia (“BC”), the Medical Protections Act (“MPA”) prevents physicians who have opted out of BC’s public health care scheme from charging patients more than the amount charged for services under the public fee schedule. The Cambie Surgeries Corporation (“Cambie”) faced complaints of overbilling patients and “double dipping” – billing both the patient and …Read more

R received long-term disability benefits from an insurer, Maritime Life (“ML”). Pursuant to the terms of that insurance policy, ML had the right to commission an independent medical examination (“IME”) of R. ML retained the services of W to complete an IME on R. Following completion of the IME, W sent a formal written report …Read more

The applicant was an inmate of Warkworth prison and a long time heroin addict. While an inmate, the applicant sought to overcome this addiction. The Correctional Service of Canada had a 2-phase program to address addiction cases.  Phase I provided regular doses of methadone “only to those entering federal prison… already enrolled in a community …Read more

Appellant, a federal public servant, filed a complaint with the Canadian Human Rights Commission (“the Commission”) on September 29, 1989 regarding the government’s refusal to provide dental care insurance coverage for her same-sex partner and her partner’s child. She claimed discrimination pursuant to the Canadian Human Rights Act (“the Act”) on the grounds of sex, …Read more

Simon Thwaites filed a complaint against the Canadian Armed Forces (CAF), alleging that it discriminated against him under the Canadian Human Rights Act (CHRA) by restricting his employment because of his HIV-positive status. Thwaites enlisted in the CAF in 1980 and by 1986 had risen to the rank of master seaman, a position that primarily …Read more