Jasmine Mary Ghosn

The appellant appealed a decision of the Discipline Committee finding her guilty of professional misconduct and imposing a four-month suspension.

The misconduct involved the appellant's role as a designated manager in overseeing the ordering of veterinary drugs from a wholesaler through a veterinarian's account using a false name, contrary to regulations.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Committee's evidentiary rulings, its interpretation of the relevant regulations, or its assessment of the penalty.

The appellant, a dental hygienist, appealed a discipline committee decision finding she engaged in a concurrent sexual relationship with a client, which resulted in the mandatory revocation of her certificate of registration.

The appellant argued the hearing was procedurally unfair due to an inadequate investigation, uneven scrutiny of evidence, and failure to enforce a witness exclusion order.

The Divisional Court dismissed the appeal, finding no procedural unfairness, noting the committee's credibility assessments were entitled to deference, and concluding the appellant failed to establish any palpable and overriding error.

This is a costs endorsement following an appeal.

The appellants argued that their appeal raised novel issues in the public interest, warranting no costs award.

The court rejected this, finding the appeal involved the application of well-established legal principles.

The respondent, GlaxoSmithKline Inc., successfully resisted the appeal and was awarded partial indemnity costs, fixed at $25,000, inclusive of disbursements and taxes, limiting the award to costs associated with time spent by two senior lawyers.

The appellants appealed a trial judgment that dismissed their action against GlaxoSmithKline (GSK), alleging that an H1N1 vaccine manufactured by GSK caused their five-year-old daughter's death.

The appeal raised issues concerning GSK's duty to warn (including the learned intermediary rule), its post-marketing commitments, the inference of negligence from circumstantial evidence, and costs.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings that GSK adequately warned the learned intermediary (the physician), met its post-marketing obligations, and that the appellants failed to prove negligence or causation on a balance of probabilities.

The court also upheld the trial judge's discretionary costs award.

The plaintiffs brought an action against GlaxoSmithKline following the sudden and unexplained death of their five-year-old daughter, who died five days after receiving the H1N1 vaccine (Arepanrix).

The plaintiffs alleged that the manufacturer breached its standard of care by failing to adequately test the vaccine and failing to warn of its risks, and that the vaccine caused the child's death.

The court dismissed the action, finding no expert evidence to establish a breach of the standard of care regarding the vaccine's testing, approval, or disclosure of risks.

Furthermore, the court rejected the plaintiffs' expert evidence on causation, relying instead on the forensic pathologist and epidemiological experts who concluded there was no evidence linking the vaccine to the child's death.