Applicant was granted constitutional exemption from prohibition against physician-assisted death

Ontario civil | Constitutional Law

Charter of Rights

Applicant was granted constitutional exemption from prohibition against physician-assisted death

Applicant, 81 years old with advanced-stage aggressive lymphoma, granted declaration that he satisfied criteria for constitutional exemption from prohibition against physician-assisted death. He was also granted declaration that circumstances of his death would not require notification to coroner under Coroners Act (Ont.). Applicant established he was competent adult person, had grievous and irremediable medical condition that was causing him to endure intolerable suffering which could not be alleviated by any treatment and he clearly consented to termination of life. Coroner need not be notified of applicant’s death because death would not be from a cause other than by disease nor would his death be circumstance that required investigation under Act.
B. (A.) v. Canada (Attorney General) (Mar. 17, 2016, Ont. S.C.J., Perell J., CV-16-00AD001-00ES) 263 A.C.W.S. (3d) 919.


Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Relocation disputes surge in family law litigation, says Lerners LLP’s Ryan McNeil

Ont. CA confirms future harm risk not compensable in contaminated medication class action

Law Commission of Ontario announces new board of governors appointments

Ontario Superior Court upholds ‘fair dealing’ in franchise dispute

Ontario Superior Court orders retrial for catastrophic impairment case due to procedural unfairness

LEAF celebrates 39 years fighting gender-based discrimination at annual Evening for Equality gala

Most Read Articles

Ontario Superior Court confirms License Appeal Tribunal cannot award punitive damages

Ontario Court of Appeal denies builder's request for a trial on damages in a real estate dispute

Ontario Superior Court grants extension for service of expert reports in medical negligence case

Ontario Superior Court denies late motion to transfer car accident case to simplified procedure