35872 Fédération des médecins spécialistes du Québec v. Conseil pour la protection des malades, in its capacity as group representative, Nelida Flores Bendezu, in her capacity as designated person (Civil liability — professional liability — physicians and surgeons — punitive damages — class actions)
On appeal from the judgment of the Court of Appeal for Quebec pronounced March 10, 2014. In 2002 and 2003, the Fédération des médecins spécialistes du Québec was in conflict with the Ministère de la Santé et des Services sociaux. Among other things, it was demanding better working conditions for its members. The Fédération therefore invited its members to a first study day on November 13, 2002. Except for emergency care, which was provided as if the day were a statutory holiday, many surgeries and medical appointments were therefore postponed throughout the province’s health institutions. The event was organized in response to the passage of a special act by the National Assembly, the Act to ensure the continued provision of emergency medical services, S.Q. 2002, c. 39, which, in the Fédération’s view, undermined the professional independence of physicians. The Fédération later organized two more similar study days on December 2, 2002 and January 16, 2003 using the same model and with the same consequences. Nelida Flores Bendezu, the designated person in the proceedings, was supposed to have an operation on November 13. Since her doctor planned to participate in the study day organized by the Fédération on that date, the hospital notified her on November 12 that her operation was being cancelled and postponed due to her physician’s absence. She alleged that the additional wait had caused her stress and pain. In October 2003, the Conseil pour la protection des malades instituted a class action against the Fédération, criticizing it for organizing three study days that had resulted in surgeries and pre-surgery examinations being postponed and cancelled. It alleged that the Fédération knew that the medical specialists had a duty to provide their patients with care during those three days under the Charter of human rights and freedoms, CQLR, c. C-12, theAct respecting health services and social services, CQLR, c. S-4.2, and the Code of ethics of physicians, but had encouraged them not to comply with that obligation. The Conseil claimed $7,500,000 in moral and exemplary damages from the Fédération for the members of the group covered by the class action. The Quebec Superior Court allowed the class action in part: and ordered the Fédération to pay the Conseil $2,500,000 in moral damages and $2,000,000 in exemplary damages. The Quebec Court of Appeal (Montréal) allowed the appeal in part, reduced the number of members of the group and reduced the damage award accordingly to $837,750. The award of exemplary damages was set aside.
35904 Walker v. Digital Shape Technologies Inc., et al. (Civil procedure – preliminary exceptions)
On appeal from the judgment of the Court of Appeal for Quebec pronounced March 27, 2014. In 2008 and 2012, the applicant was employed by the respondent Digital Shape Technologies Inc., whose president and sole director was the respondent Mr. Nikolajev. On April 16, 2012, she anonymously published a comment about her employer on the RateMyEmployer.ca website. A second comment appeared on the site the next day, but she denied writing it. On December 12, 2014, the respondents instituted an action against the applicant. They alleged that she had published false and defamatory comments, and they argued that she had breached her contractual obligations and her duty of loyalty to her employer. They each claimed $50,000 in compensatory damages and $25,000 in punitive damages. Before filing her defence, the applicant examined Mr. Nikolajev. She subsequently served a motion under arts. 54.1 to 54.3 C.C.P. seeking the dismissal of the action and, in the alternative, a reduction in the quantum of damages claimed. The Superior Court dismissed the motion and the Court of Appeal affirmed that decision.
35903 Cain v. The Queen (Criminal law – evidence)
On appeal from the judgment of the Nova Scotia Court of Appeal pronounced March 20, 2014. The applicant was convicted of break and enter. A sentence of five years’ imprisonment was imposed. The Court of Appeal dismissed the appeal from conviction. The Court of Appeal granted leave to appeal the applicant’s sentence and the sentence appeal was dismissed.
35899 Kim v. The Queen (Criminal law – self-defence)
On appeal from the judgment of the Court of Appeal for Ontario pronounced December 17, 2013. The applicant was convicted of assaulting her husband. The applicant’s sentence was a 12-month conditional discharge. The applicant’s appeal from conviction and sentence was dismissed. Leave to appeal was dismissed by the Court of Appeal.
35973 Rana v. The Queen (Criminal law – impaired driving)
On appeal from the judgment of the Court of Appeal for Ontario pronounced March 17, 2014.
The applicant, Ms. Rana, was convicted of impaired driving and “over 80”. The “over 80” charge was conditionally stayed and Ms. Rana was sentenced to a $1000 fine and a 12-month driving prohibition. Ms. Rana appealed her conviction, alleging various errors relating to the way in which her trial was conducted and to the judge’s findings and ultimate conclusions, which was dismissed. The Court of Appeal dismissed an appeal.
35984 Amato v. The Queen (Criminal law)
On appeal from the judgment of the Quebec Superior Court pronounced June 26, 2014. The applicant is facing charges related mainly to laundering proceeds of crime and criminal organization offences. He was arrested on November 3, 2009 as part of a police investigation called Operation Diligence and is one of several co-accused who are to be tried before a jury.