The parties to the dispute settled out of court based on the stipulation that the policies of the South African National Defence Force (SANDF) concerning the recruitment, deployment and promotion of people living with HIV were unconstitutional. The SANDF was given six months to set aside these policies. In this decision, the Court considered the …Read more

Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

The appellants were Mexican citizens who arrived in Canada and made a claim for refugee protection. Before their claim was heard, the male appellant was diagnosed with end-stage renal failure and was immediately put on life-sustaining hemodialysis treatment. The Immigration and Refugee Board (‘Board’) denied their claim for refugee protection. Among other findings, the Board …Read more

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Rosaria Mashita Katakwe, a 13-year-old girl, was raped by her teacher Edward Hakasenke. She developed a sexually transmitted infection as a result of the rape and tested for HIV/AIDS. The Headmaster of the school had been warned before with respect to a prior relationship of the teacher with another girl in the school. The defendant …Read more

The Respondent, Lekha, dismissed the Applicant, Banda, from employment for reasons related to the Applicant’s health. The Applicant was dismissed “immediately and without any formality” after she attended “HIV Voluntary Counselling and Testing” and tested positive for HIV. The Applicant claimed that during her employment she had never been incapacitated as a result of her …Read more

The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …Read more

Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more