A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more

Applicants X, Y and Z were all British nationals. X is a transsexual who has undergone gender reassignment surgery to become a man. He has lived with Y, as her male partner, since 1979. The couple applied jointly for, and was granted treatment by AID to allow Y to have a child Z. X was …Read more

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more

Plaintiffs, Michael Sean Rizzo Sr. and Pamela Rizzo, filed this action against defendant physician Maurice Schiller, who they alleged breached the standard of care owed to them with his negligent and nonconsensual use of obstetrical forceps during Mrs. Rizzo’s delivery. Pamela Rizzo was admitted to Fairfax Hospital on November 7th at 9:00am in active labor. …Read more

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

The Applicants were two Irish companies that provided counseling to pregnant women, Open Door Counselling Ltd. and Dublin Well Woman Centre Ltd.; two counselors who worked for Dublin Well Woman, Bonnie Maher and Ann Downes; and two women of childbearing age, Mrs. X and Mrs. Geraghty. The Society for the Protection of Unborn Children brought …Read more

Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more

Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more

Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more

Tellier-Cohen was employed by the Government of Canada and was not permitted to use her sick leave or annual leave for her absence from work due to her pregnancy and childbirth. She filed a complaint in the Human Rights Tribunal challenging the action of the government on the basis of sex discrimination under sections 7(b) …Read more