demeaning and disrespectful of fundamental values than to withdraw the full protection of the Criminal Code against deliberate,
forcible, unwanted violation of an individual’s physical integrity.
[ 153] I would say much the same thing about withdrawing the
protection of equity from the patients of Oak Ridge who have
already lost their freedom. In the case at bar, there is a free-standing breach of fiduciary duty claim that at the time of the
commencement of this action was not statute-barred.
[ 154] For the above reasons, I dismiss the defendants’ summary judgment motion, and I grant the plaintiffs a partial
summary judgment for breach of fiduciary duty.
[ 155] I order a trial or additional summary judgment motions
to prove victimization, harm, causation of harm and to quantify
the individual plaintiffs’ damages, if any. I direct the plaintiffs to
schedule a case conference to set a schedule for the completion of
[ 156] If the parties cannot agree about the matter of costs,
they may make submissions in writing beginning with the
plaintiffs’ submissions within 20 days of the release of these reasons for decision followed by the defendants’ submissions within
a further 20 days.
Motion dismissed; cross-motion granted.
A.B. v. The Attorney General of Canada et al.
[Indexed as: B. (A.) v. Canada (Attorney General)]
2017 ONSC 3759
Superior Court of Justice, Perell J. June 19, 2017
Criminal law — Medical assistance in dying — Almost 80-year-old
applicant in advanced state of incurable and unbearably painful osteoarthritis but her condition not imminently terminal — Two doctors finding that applicant met criteria for medically assisted death — One of
those doctors prepared to provide assistance but declining to do so after
discovering that third doctor believed that applicant’s natural death
was not “reasonably foreseeable” because it was not imminent — Applicant’s application for declaration that she met criteria for assistance in
dying being misconceived as that determination was for doctors and not
for courts to make — Court granting declaration that applicant’s natural death was “reasonably foreseeable” within meaning of s. 241.2(2)(d)
of Code as matter of statutory interpretation — Section 241.2(2)(d)
not requiring that natural death be imminent and not requiring doctors