2 total
The court retained jurisdiction over a defamation claim because the employer's salacious news broadcasts exceeded workplace administration.
Paul Bliss, a former CTV reporter, sued CTV Television Network Ltd. and Bell Media Inc. for defamation following news broadcasts detailing sexual harassment allegations against him.
The defendants moved to dismiss the action for lack of jurisdiction, arguing the dispute arose under a collective agreement.
The court found that while the initial broadcast might relate to employment obligations, subsequent broadcasts with salacious details went beyond workplace issues and into general news reporting.
Therefore, the defamation claim did not arise under the collective agreement, and the court retained jurisdiction.
The defendants' motion was dismissed, and costs were awarded to the plaintiff.
Medical malpractice appeal dismissed; patient gave informed consent to medically justified but unsuccessful facial nerve surgery.
The appellant underwent surgery to relieve facial neuralgia, which was unsuccessful and caused serious sequelae.
She sued the respondent physicians, alleging the surgery served no purpose and that she did not give informed consent because she was not told the specific surgeon who would perform the nerve sectioning, nor was she provided with a consulting neurologist's negative report.
The Supreme Court of Canada dismissed the appeal, upholding the trial judge's findings that the surgery was medically justified, the appellant was informed of the surgical team's roles, and she was sufficiently aware of the consulting neurologist's negative opinion before consenting to the risks.