Doctors Cannot End Life Support Without Consent- SCC

The Supreme Court of Canada has ruled that doctors cannot unilaterally choose to end life support services for Hassan Rasouli, an Ontario man who has been comatose since 2010. In a 5-2 decision, justices for Canada’s highest court ruled doctors must first obtain consent from… Read more

Appeal Court Strikes Down “Death With Dignity” Assisted Suicide

Death With Dignity Carter v Canada (Attorney General) 2013 BCCA 435 The plaintiffs Ms. Carter and Ms. Taylor, both of whom suffered from intractable and progressive diseases and are now deceased, joined with others in bringing this civil claim challenging the constitutionality of the Criminal… Read more

Wrongful Death Damages Fail To Provide For Grief

Wrongful Death Damages Fail To Provide For Grief and Emotional Injury in BC One of the glaring inequities in wrongful death claims in British Columbia is the failure of our legislation to provide authorization for the courts to make an award for compensation for individual grief… Read more

Missing Persons and Presumption of Death Order  obtained a presumption of death order for a missing person, after a police investigation concluded it was clearly a suicide by jumping from a bridge. Her body had not been found for several months and without giving away the details of her circumstances, there was… Read more

Highest U.S Court Bans Patents On Isolated Human Genes

Patents on isolated gene therapy will be an increasing source of public  demand, legislative control, and  litigation. Reprinted from the New York Times June 13, 20113, such a ruling would be persuasive but not binding on a Canadian court.These types of cases will become increasingly frequent… Read more

The Ng End of Life Support Case

The NG End of Life Support Case – Trevor Todd Co counsel Article By Vancouver Sun Columnist Ian Mulgrew. The family of a Vancouver man who has languished in a vegetative state for seven years has lost its bid to keep him alive for pioneering brain… Read more

No Punitive or Aggravated Damages In Wrongful Death Claims

No Punitive or Aggravated Damages In Wrongful Death Claims Glenn v Seair Seaplanes and others, 2012 BCSC 1726  arises from a seaplane crash in November  2009. The action has been brought against the owner and operator of the seaplane, Seair Seaplanes Ltd. and the pilot, Francois… Read more

Ending Life Support

Ending Life Support is a very topical and controversial topic in recent years and on a continual basis. The question of termination of life often raises strongly held beliefs. In recent years we have seen several contentious cases dealing with questions ranging from doctor assisted… Read more

Court Orders Life Support Of Infant Be Withdrawn

An Alberta Curt ordered that life support be withdrawn of an irreversibly  critically ill infant. Alberta Appeal Court (Child, Youth and Family Enhancement Act, Director) v D. L. 2012 ABCA 275 and 2012 ABQB 562.   “Right to die”, and “pull the plug” cases are… Read more

The Missing Hell’s Angel and the Presumption of Death

The Presumption of Death  and Missing Hells Angel Re Burgess, 2004 BCSC 62,  in estate circles known  as the “Hell’s Angels case”, is good illustration of the practical considerations often applied by the court in presumption of death applications. On or about January 7, 2002,… Read more

Missing Persons Part 2 – Presumption of Death Orders

Missing Persons and Presumption of Death- Part 2 The horrendous death tolls in  recent years from tsunamis, natural disasters, and murder unfortunately raise interesting legal questions. The bodies of many of the victims remain missing and may never be recovered. Public officials have simply presumed… Read more