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 defendant, Jeremy Rodriguez, was an inmate at FCI Elkton, a federal detention centre in Elkton, Ohio. Rodriguez was serving the seventeenth year of a twenty-one year mandatory minimum sentence for drug distribution and unlawful firearm possession, and was one year away from becoming eligible for home confinement, when the COVID-19 pandemic erupted in the …Read more

The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more

The applicant, a Georgian national, was detained on 7 August 2008 by the Ukrainian police in Kyiv on suspicion of robbery and for the illegal possession of narcotic drugs. He was denied bail due to his previous criminal record, the gravity of his alleged crimes, and the judicial finding that he might seek to evade …Read more

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

The second and the third applicants in this case were the parents of the first applicant (CG) who was born healthy in 2016 but encountered severe health problems thereafter, for which he remained hospitalized by the time the case was brought before the European Court of Human Rights (the ECHR). CG suffered from a rare …Read more

The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more

The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more

The Plaintiff, who is a doctor worked on locum basis for the Defendant, which is a corporate entity and provided medical services. The Defendant offered the post of Medical Officer to the plaintiff with the condition that he is deemed medically fit. Thereafter the Defendant withdrew the appointment offer and informed the Plaintiff that he …Read more

The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more

The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …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 petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more