Health-care workers who pushed back against being forced to get vaccinated against COVID-19 or face losing their jobs have lost in the BC Supreme Court.
In a ruling released Monday, presiding judge Justice Simon R. Coval says the provincial health officer was right in mandating COVID-19 vaccinations for health-care workers.
The three cases in question were brought to court by a nurse practitioner and two doctors, with all three saying they didn’t want to get the shot.
Comments closedOne of the most polarizing figures to gain notoriety during what became known as the Freedom Convoy in Ottawa more than two years ago will stand trial Monday, signalling the tail end of criminal proceedings that have dogged hundreds of individuals who participated in the historic protest.
Pat King, from Red Deer, Alta., is facing charges of mischief, intimidation, obstructing police, disobeying a court order and other offences for his role in the protest that gridlocked downtown for nearly a month in early 2022.
Arrested and jailed for five months before his release that summer, King is unlikely to serve more time behind bars if he is found guilty, given laws around credit from time served.
Comments closedA panel of Alberta appeals court judges has dismissed an appeal by parents of five immunocompromised Alberta kids.
Lawyers for the families, known only by initials, had argued the children’s Charter rights were violated in 2022 when the province stopped masking requirements and barred school boards from enforcing their own masking mandates.
Comments closedMichael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
Following two weeks of proceedings, the jury’s verdict handed down Friday found Jackson, 55, withheld his then 7-year-old daughter from her mother in late 2021 to early 2022. Police eventually found the pair in Vernon, B.C.
While the motive was undisputed, Crown prosecutor Zoey Kim Zeggelaar said the results of Jackson’s actions were in direct contravention of the Order.
Comments closedMichael Gordon Jackson acknowledged some people might view what he did — taking his then seven-year-old daughter on the run across Western Canada — as…
Comments closedCanadian LifeLabs customers have only a few days left to file an application for a class-action settlement resulting from a major data breach.
Those who live in Canada and used LifeLabs’ services on or before Dec. 17, 2019, may apply for the settlement, but must do so by the end of the week.
Settlement class members who complete a valid claim form before the Saturday deadline will be eligible to get an estimated compensation of $50 to $150.
Comments closedWARNING: This story contains offensive and racist language.
A Kelowna man charged with causing a disturbance after yelling at a security guard at a vaccine clinic has been found not guilty by a B.C. judge.
Bruce Orydzuk, 60, was captured on video repeatedly yelling at the guard, who was wearing a turban. The guard had asked him to leave the property of a COVID-19 vaccine clinic in July 2021.
Comments closedClass action lawsuits against six of Ontario’s largest for-profit long-term care (LTC) home providers, claiming gross negligence that led to illnesses and deaths during the COVID-19 pandemic, have been allowed to proceed.
In a ruling last week, the Ontario Superior Court of Justice certified class action suits against Sienna, Revera, Schlegel, Responsive, Extendicare and Chartwell.
The separate class actions were filed on behalf of thousands of clients, family members and visitors, who allege the companies were unprepared to provide care during the pandemic and failed to protect the health of residents and visitors.
Comments closedThe Ontario Superior Court authorizes six class actions against private operators of long-term care homes charged with negligence during the COVID-19 pandemic.
The complainants allege that the operators of these homes were not at all prepared for a pandemic and did not take the necessary measures to protect their residents and visitors. More than 200 centres, owned and managed by Chartwell Retirement Residences, Extendicare, Responsive Group, Revera, Schlegel Villages and Sienna Senior Living, are subject to these class actions.
Comments closedThe Supreme Court of Canada has decided not to hear an appeal by several churches that fought Manitoba’s COVID-19 restrictions.
Lawyers for the churches argued public health orders in 2020 and 2021 that temporarily closed in-person religious services, then permitted them with caps on attendance, violated the Charter of Rights and Freedoms.
They lost that argument in two lower courts.
The Manitoba Court of Appeal ruled last year the restrictions were necessary to prevent the spread of COVID-19 and allowable under the Charter.
Comments closedNearly 70 healthcare workers with long Covid have taken their fight to the High Court to try to sue the NHS and other employers for compensation.
The staff, from England and Wales, believe they first caught Covid at work during the pandemic and say they were not properly protected from the virus.
Many of them say they are left with life-changing disabilities and are likely to lose income as a result.
The Department of Health said “there are lessons to be learnt” from Covid.
The group believe they were not provided with adequate personal protective equipment (PPE) at work, which includes eye protection, gloves, gowns and aprons.
Comments closedFifteen Canadian mask and respirator manufacturers are suing the federal government for $5.4 billion in damages, claiming that Ottawa broke its promises to buy their products to fight the spread of COVID-19.
In a statement of claim filed in Federal Court last week, the companies and their industry association, the Canadian Association of PPE Manufacturers (CAPPEM), made “negligent misrepresentations” that prompted them to invest in personal protection equipment innovations, manufacturing and production.
The federal government will have an opportunity to file a defence to the unproven allegations as the court case proceeds.
Comments closedA federal appeals court shot down claims Monday that New Jersey residents’ refusal to wear face masks at school board meetings during the COVID-19 outbreak constituted protected speech under the First Amendment.
The 3rd Circuit Court of Appeals issued a ruling in two related cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey.
The suits revolved around claims that the plaintiffs were retaliated against by school boards because they refused to wear masks during public meetings. In one of the suits, the court sent the case back to a lower court for consideration. In the other, it said the plaintiff failed to show she was retaliated against.
Comments closedHundreds of doctors are planning to sue the NHS over claims inadequate PPE on the frontline has left them with long COVID, disabled, and in financial ruin.
Dr Kelly Fearnley, 37, was working on a COVID ward at Bradford Royal Infirmary in November 2020 when she caught coronavirus.
More than three years later, the effects of long COVID mean she is still unable to work. After episodes of violent shakes, hallucinations, and a resting heart rate more than double the average, she was diagnosed with limbic encephalitis – inflammation of parts of the brain.
Comments closedA federal judge says the Liberal government’s use of the Emergencies Act in early 2022 to clear convoy protesters was unreasonable.
“I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires,” Federal Court Justice Richard Mosley wrote in a Tuesday decision. “Ultra vires” is a Latin term used by courts to refer to actions beyond the scope of the law.
Deputy Prime Minister Chrystia Freeland told reporters at a cabinet retreat in Montreal that the government plans to appeal the decision.
Comments closedA judge has authorized a class-action lawsuit against the Quebec government on behalf of all residents of public long-term care homes that experienced major COVID-19 outbreaks during the pandemic’s first year.
The lawsuit in Superior Court alleges that the province’s response to the first two waves of COVID-19 was improvised and that a pre-existing pandemic plan was ignored until it was too late.
Members of the class action include anyone living in a public long-term care centre that experienced a COVID-19 outbreak that infected at least 25 per cent of residents between March 13, 2020 and March 20, 2021.
Comments closedFollowing numerous representations, a group represented by lawyer Patrick Martin-Ménard has obtained authorization to proceed with a class action against the Government of Quebec on behalf of residents of long-term care facilities (CHSLDs) that experienced COVID-19 outbreaks during the first two waves of the pandemic, and on behalf of the families of those who died.
The main complainant in this application originally filed in April 2020, Jean-Pierre Daubois, had lost her 94-year-old mother, a resident of the Sainte-Dorothée CHSLD in Laval. During this first wave, nearly half of the residents infected with COVID-19 in this facility had died.
According to the judgment consulted by Radio-Canada, nearly 120 public CHSLDs will be included in the class action.
Comments closedLawyers representing long-term care residents who suffered or died during the COVID-19 pandemic argued a class-action suit against hundreds of homes is the best way for those patients — and their loved ones — to get justice.
On Monday, plaintiff lawyers laid out their case before a Superior Court judge who will decide whether or not the proposed class action can go ahead. The suit, which is actually eight proceedings combined, names 304 independent and municipal homes, capturing almost half of the long-term care facilities in Ontario.
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