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Order to continue granted to estate and Certificate of Pending Litigation issued on consent.
The applicant brought an application challenging the allegedly unauthorized transfer of an interest in his residential property to his former fiancé, creating a joint tenancy.
The applicant also sought a Certificate of Pending Litigation (CPL).
Following the applicant's death, his estate brought a motion for an Order to Continue the proceeding.
The court granted the Order to Continue and, on consent of the respondent, issued the CPL to preserve the property pending litigation.
Appeal dismissed; donating HIV-contaminated blood without disclosure breaches duty of care and constitutes common nuisance.
The appellant appealed his conviction for common nuisance after donating blood he knew to be HIV-contaminated to the Red Cross.
The Supreme Court of Canada dismissed the appeal, holding that section 216 of the Criminal Code imposed a duty of care on the appellant when giving blood.
The Court found this duty was breached by his failure to disclose that his blood contained HIV antibodies, which endangered the life, safety, and health of the public.
