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CBA Health Law Section

CBA Health Law Section articles are published under the banner Pulse. Members interested in posting articles are encouraged to send them to the Section’s editor.

Editor: Sari Feferman


Case Summary: Stelmaschuk v. College of Dental Surgeons of British Columbia

  • January 26, 2016
  • Kara L. Hill

Dentist sought judicial review of College's actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure Act, but an order converting the petition to an action was granted.

Case summary: Riad v. Ontario College of Pharmacists

  • January 25, 2016
  • Lindsay R. Johnston

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it.

Saskatoon Regional Health Authority v. Dr. Kirk Ready

  • January 15, 2015
  • Elizabeth J. Ulmer

Saskatoon Regional Health Authority v Dr. Kirk Ready, 2014 SKQB 273, was an appeal to the Saskatchewan Court of Queen’s Bench by the Saskatoon Regional Health Authority from a decision rendered by the Practitioner Staff Appeals Tribunal.

Health Law

R. v. ADH, 2013 SCC 28

  • March 12, 2014
  • Stacey E. Grubb

One important development in health law in 2013 is that the Supreme Court has now decided that s. 218 of the Criminal Code, the offence of abandoning a child, requires an element of subjective fault.

Health Law

R. v. Mernagh, 2013 ONCA 67

  • March 11, 2014
  • Emily MacDonald

R. v. Mernagh, 2013 ONCA 67, is the most recent case to challenge the constitutionality of Parliament’s regulation of the use of marijuana for medical purposes.

Health Law

Ediger v. Johnston

  • March 06, 2014
  • Sheila Caston

A recent decision of the Supreme Court of Canada, Ediger v. Johnston, 2013 SCC 18, has confirmed the law with respect to causation in medical malpractice cases.

Health Law

Moore v. Getahun

  • March 05, 2014
  • Lonny J. Rosen

The recent decision of Madam Justice Wilson in Moore v. Getahun, 2014 ONSC 237, issued on January 14, 2014, is already shaping up to be one of the most widely discussed cases of 2014…

Health Law