Good evening.
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario.
In Christian Medical and Dental Society of Canada v
College of Physicians and Surgeons of Ontario, 2019 ONCA 393,
the court upheld the constitutionality of two policies enacted by
the College. Each of policies required physicians who
objected to providing certain medical procedures and
pharmaceuticals on the basis of religious beliefs or freedom of
conscience (such as medical assistance in dying, abortion and
reproductive health services) to provide the patient with an
effective referral to other practitioners or clinics. The
Court upheld the Divisional Court's finding that while the
policies infringed the individual doctor's religious freedom,
the policies were reasonable limits that were demonstrably
justifiable in a free and democratic society. The Court agreed with
the Divisional Court and found that the policies' objective to
facilitate equitable access for vulnerable patients to health care
services was sufficiently pressing and substantial to warrant
overriding individual doctors' religious freedom. The
Court found that the policies fell within a range of reasonable
alternatives to address the religious objections of
physicians.
Other topics covered this week included the standing of a union
member to challenge the legality of clauses in the union's
constitution that limited the ability of locals to disaffiliate
from the parent union, compensatory spousal support, amending
pleadings in an oppression case, an appeal from a jury's
determination of damages in an MVA case, constructive dismissal of
a teacher, a dispute over a right of way, extension of time to
comply with an order for security for costs, and extension of time
to appeal an order refusing security for costs in the bankruptcy
context.
Wishing everyone a Happy Victoria Day long weekend.
Download >> Blaney's Appeals: Ontario Court Of Appeal Summaries (May 13 – 17, 2019)
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