Dr. Barker

The applicant, an icewine producer, challenged the validity of rules, by-laws, and regulations under the Vintners Quality Alliance Act, 1999, after its membership in the VQAO was terminated and approvals for its wines were revoked.

The applicant argued that the VQAO's taste test requirement and membership rules were ultra vires, and that the provincial scheme conflicted with its rights under the federal Trade-marks Act and Canada Agricultural Products Act.

The Divisional Court dismissed the application, finding that the VQAO's rules and by-laws were reasonable and properly enacted, the new regulation was intra vires, and there was no operational conflict or frustration of purpose invoking the doctrine of federal paramountcy.

The applicants sought judicial review of a decision by the Ontario Racing Commission disqualifying a horse for a positive drug test and suspending and fining its trainer.

The trainer argued the positive test resulted from contamination or an unknown metabolic process of a permitted drug, and that the Commission applied an absolute liability standard.

The Divisional Court dismissed the application, finding the Commission's rejection of the contamination theory was not patently unreasonable and that the trainer breached the standard of care by failing to keep adequate medical records.

The court also rejected the argument that the tribunal Chair's questioning of the trainer was unfair.

The plaintiffs contracted HIV from blood and blood products supplied by the Canadian Red Cross Society (CRCS) between 1983 and 1985.

They alleged the CRCS was negligent in its blood donor screening procedures.

The trial judge found the CRCS breached its standard of care by using a 'good health' questionnaire rather than symptom-specific questions, but dismissed one plaintiff's action for failing to prove causation.

The Court of Appeal upheld the negligence findings and reversed the causation dismissal by applying a presumptive causal link.

The Supreme Court of Canada dismissed the CRCS's appeals, holding that while the Court of Appeal erred in applying a presumptive causal link, causation was established under the material contribution test because the CRCS's failure to implement adequate screening measures materially contributed to the plaintiffs contracting HIV.