Lance v. Canada (Attorney General), 2024 FC 787 ( MAID versus treatment through Psilocybin “unintelligible”)
June 12 2024
Mr. Lance and Dr. Davenport submitted a request under Health Canada’s Special Access Program [SAP] for access to psilocybin, to be self-administered by Mr. Lance in a non-clinical setting. The application was supported by Dr. Davenport’s account of Mr. Lance’s medical history and experience of different treatments, the current literature concerning the use of psilocybin for medical purposes, and legal submissions addressing Mr. Lance’s rights pursuant to s 7 of the Canadian Charter of Rights and Freedoms
The delegate of the Minister of Health [Minister] refused the SAP request on the grounds that the medical efficacy of psilocybin to treat cluster headaches had not been established, and alternative conventional treatments had not been ruled out.
The legal arguments centered around Charter of Rights . The court found Health Canada was “unreasonable” and “unintelligible”. The judge wrote Health Canada’s initial refusal to grant Lance access to the drug under its Special Access Program also lacked the “requisite degree of justification, intelligibility and transparency,”
The judge reviewed the requisite for MAID and in order to be eligible for MAID — medical aid in dying — people don’t have to first exhaust all available treatments options. Essentially, making it easier to kill oneself than treat cluster headaches with a safe and effective treatment makes Health Canada policies "unintelligible."
Mr Lance was successful in court.
October 20, 2023
Mrs Eliza Maynes of our firm was involved in the above related matter and was successful in the appeal. The unique legal issue in this appeal was an adverse inference taken against the Plaintiff in the Court of King's Bench. The Court of King's Bench overturned summary judgement which was granted in earlier in favour of Castle. Both parties appealed issues with the decision and the Court of Appeal affirmed that a party cannot appeal reasons only without appealing the decision based on an adverse finding from the lower courts. It also held that Alberta Drywall was successful and found :
"The general presumption is that successful litigants are entitled to enjoy the benefits of their successful litigation, even though the matter is being appealed: Vysek v Nova Gas International Ltd, 2001 ABCA 300 at para 5 and cases cited therein. Absent some sort of successful application for pre-trial relief, judgment monies paid or collected should have been returned to Alberta Drywall. There was no need for Alberta Drywall to make argument on this point before the chambers judge, who erred in declining to order this when specifically requested
to do so.."
Covid-19 Orders enacted by the Chief Medical Officer of Health for Alberta (CMOH), Dr. Deena Hinshaw were ultra vires the Public Health Act RSA 2000, c. P-37.
August 2 2023
A recent constitutional case was released from the courts in Alberta. A recent ruling form the case Ingram v Alberta (Chief Medical Officer of Health), 2023 ABKB 453 has concluded that the Public Health Act was not followed properly during the pandemic in Alberta as Orders from Dr Hinshaw were not from her but from government officials. The PHA didnt not contemplate government being the decision makers and therefore they had no authority to implement the orders which were made during Pandemic.
Justice Romaine ruled that the Public Health Act requires such health orders to be implemented by public health officials, not politicians, with her ruling stating that “although, Dr. Hinshaw was maligned during the pandemic and afterwards as the symbol of the restrictions, she was not in fact the final decision-maker.”
Covid -19 Litigation - Charter Breaches - Human Rights
March 29, 2021
A class action law suit has been filed in Ontario Canada in regard to allege Charter breaches regarding the handling of Covid-19 by the Ontario and Canadian government. The filing lawyer stated that general argument is essentially "We're saying straight up that there is no justification for the declaration of a pandemic ... I'd go so far as to say that what medical science says is that this is no worse than a seasonal flu."
The suit is filed against the Canadian and Ontario governments, individual political leaders, as well as the Bill and Melinda Gates Foundation, the World Health Organization and the Pope. The class of Ontario claimants includes the owner of a convenience store in Henvey Inlet First Nation south of Sudbury, a small business owner in Peterborough, a man living with disabilities in Balderson and a single mother in downtown Toronto.
Canadian Constitution Foundation questions feds' plans for quarantine hotels
February 18 2021
The Canadian Constitution Foundation (CCF) has announced it's position regarding the federal government's announced plans to require travelling Canadians to be forced to quarantine at hotels upon arriving back home. These hotels will cost travelers up to $2,000 for three days. The CCF has taken the position this violates Canadians’ fundamental rights to mobility, liberty, to be free from arbitrary detention, and to equal protection under the law.
These quarantine hotels are not justified limits on our rights. They adversely impact individuals who are travelling for compassionate reasons. They also are unnecessary when piled on top of existing requirements, like the requirements for multiple tests and to quarantine in your own home for 14 days.
Some health measures are necessary to combat COVID-19, but these quarantine hotels get the balance wrong. We can prevent the spread of COVID-19 while still protecting the fundamental rights of Canadians.
February 01, 2021
Canadian Constitution Foundation intervening today in Supreme Court free speech and comedy case
The Canadian Constitution Foundation (CCF) is intervening in the Supreme Court appeal of a case dealing with comedy and freedom of expression, Ward v Quebec Human Rights Tribunal.
The case involves a Quebec comedian, Mike Ward, who was fined by the Quebec Human Rights Commission. The Commission concluded that jokes made by Mike Ward about Jeremy Gabriel, a boy who lives with a disability, were discriminatory and violated the dignity of Mr. Gabriel. Mike Ward was ordered to pay $42,000 to Mr Gabriel and his mother.
“We are intervening in this case to assist the Supreme Court in taking a full view of the right to freedom of expression,” said CCF Litigation Director, Christine Van Geyn. “It is not the role of the government to censor comedy through punitive fines, or to decide what jokes comedians are allowed to tell. This case isn’t about whether the jokes Mr. Ward told are funny or if they were in bad taste. It is about the notion that it is not for the government to decide.”
December 23 2020
Merry Christmas and Happy New Year!
November 18, 2020
A $15-million defamation lawsuit by an insurers’ medical examiner against an Ontario-based personal injury lawyer is going to trial, the Supreme Court of Canada announced in a divided ruling released Thursday. Dr. Howard Platnick “deserves to have his day in court to potentially vindicate his reputation,” Justice Suzanne Côté wrote for the majority in Bent v. Platnick.
The plaintiff is a general practitioner whose work is comprised mainly of preparing and reviewing medical assessments for insurers in auto claims disputes.
Dr. Platnick is suing Lerners LLP lawyer Maia Bent over comments Bent made about Dr. Platnick in 2014 on a Listserv, which is an automated email service for members of the Ontario Trial Lawyers Association. Those comments were not supposed to be released to non-subscribers but were leaked to the press. The comments were about two different arbitration proceedings, involving two different disputed auto accident benefits claims, in which Dr. Platnick wrote reports for insurers.
September 20, 2020
Lawsuits seeking $30M from Canada's largest sperm bank for deceiving families about donor
Seven Canadian families have launched lawsuits against sperm bank Outreach Health Services after being misled about their sperm donor's history, which included a degenerative genetic condition and falsified educational background. The families are seeking combined damages of over $30-million.
Outreach Health Services is alleged to have promoted Donor 3116 as possessing an advanced degree, employment as a cytogeneticist and impressive health history. An investigation by the families discovered that the donor did not possess advanced education, was in fact a lab technician, and has genetic abnormalities, including a neuromuscular condition called CMT1, which can lead to debilitating health issues.
Five of the seven children born using Donor 3116's sperm have tested positive for the condition and will require constant screening and treatment.
September 15, 2020
TD faces class-action lawsuit over travel insurance and cancelled trips -Covid-19
Toronto-Dominion Bank is facing a class-action lawsuit over its refusal to pay travel insurance claims following trip cancellations triggered by the COVID-19 pandemic.
Lead plaintiff Kevin Lyons cancelled his family's flight to Italy along with their Mediterranean cruise in early March after the Canadian government advised against travel to the region, the proposed class action says.
TD turned down a $6,700 claim by Lyons, citing the travel credit available to him for the flights and cruise, according to the statement of claim filed in Court.
September 3 2020
Google Faces Class Action in Canada Alleging it Turns Electronics into Tracking Devices Without Their Consent
A lawsuit has been filed in the Supreme Court of British Columbia against Google on behalf of the millions of Canadians whose personal information the global internet giant collects and profits from, allegedly without Canadians' consent. The action is part of a coordinated national effort, with additional filings in Toronto and Montreal.
The action involves data collected by Google's own services and through Google Ads and Google Analytics, which are installed on more than half of global websites. Google trespasses on users' devices by sending code to their computers, tablets, or smartphones when they visit any of these thousands of sites or services, the claim alleges. That code allegedly forces users' computers or smartphones to secretly send users' personal information to Google, including details such as their name, gender, and location, the terms they've typed into Google, their IP address, the device they're using, and the site they're visiting. This allegedly reveals sensitive personal details, such as marital and parental status, income bracket, and sexual orientation.
July 1, 2020
Happy Canada Day!
Maynes & Radovici Lawyers would like to wish everyone a Happy Canada Day !
May 4, 2020
BC Green Party leader wins defamation case appeal
Former BC Green Party leader Andrew Weaver has won an appeal of a February 2018 lower court ruling that found an article about him so “poorly written” and lacking in credibility that it couldn’t be considered defamatory.
“It seems to me that objectively these words would tend to lower Dr. Weaver’s reputation in the estimation of ordinary reasonable people and would thus meet the test of being defamatory,” B.C. Court of Appeal Justice Susan Griffin wrote in the unanimous decision of three judges.
April 4 2020
Insurer says it will pay dentists’ claims for pandemic coverage
Aviva writes TripleGuard, a property and casualty insurance product for dentists provided by CDSPI, originally known as Canadian Dental Service Plans Inc.
TripleGuard covers loss of services income, for up to 12 months, when the use of the office is interfered with for certain specific reasons.
“Over the last week or so, Aviva received unprecedented COVID-19 related pandemic coverage insurance claims from dentists who have a unique, one-of-a-kind insurance policy that Aviva only offers to dentists under a specific program with CDSPI Insurance Services,” Aviva Canada CEO Jason Storah said in a release.
Aviva Canada CEO Jason Storah says the insurance company will “stand by" its pandemic coverage for dentists who followed provincial orders to close down their practices because of the outbreak of COVID-19.
The reassurance to the dental community comes two weeks after provincial dental associations “strongly recommended” that thousands of dentists immediately suspend all non-essential and elective or routine services for patients.
March 13, 2020
Alberta survey biased toward no-fault auto insurance outcome
The province has started a survey in an effort to address Alberta's car insurance rates. But the questions in the online survey appear to leaning towards no faults insurance which would be major setback for insured driver's in Alberta.
Full no-fault insurance attempts to reduce lawyers' fees and driver's rights by reducing most "pain and suffering" lawsuits. Instead of going to court, each driver's insurance company would handle the claim, assess medical costs and determine the pay out. The literature fails to state that most claims settle out of court and also that the policies that insurance companies often enforce are simply unreasonable in litigation. For example, failing to admit liability in rear end car accidents.
If you look at the reviews of insurance companies online, they tend to display dissatisfied customers. Giving Insurance companies carte blanche over the entire system seems to be giving the "fox the keys of the hen house". Consumers beware.
February 24, 2020
In a very crowded field of personal injury law firms, Maynes & Radovici Lawyers are proud to announce they have been rated as one of the Best Personal Injury Law firms in Edmonton! 
February 07, 2020
B.C. government axing lawyer, legal costs to create no-fault style insurance at ICBC
The BC Government has decided to move towards a no fault style insurance company which will be a tremendous set back to people injured in car accidents and people's rights in B.C.
November 1, 2019
Lest We Forget - Remembrance Day
We must remember. If we do not, the sacrifice of those one hundred thousand Canadian lives will be meaningless. They died for us, for their homes and families and friends, for a collection of traditions they cherished and a future they believed in; they died for Canada.
October 9, 2019
Maynes & Radovici Lawyers encourages all Albertans to review the changes to regulations regarding their rights!
In 2018 & 2019, insurance industry lobbyists have been holding meetings with Alberta government officials in several ministries and government departments in attempts to influence the government to change the definition of “Minor Injury” in auto insurance regulations?
There are important ways in which you can help the FAIR campaign today.
- You can like the FAIR Alberta facebook page at facebook.com/FAIRAlberta.
- Follow the FAIR Alberta twitter account at twitter.com/FairAlberta.
- Encourage people to visit the FAIR Alberta website at fairalbertainjuryregulations.ca to learn they can write their MLA and the Minister of Finance and ask them not to support the insurance industry’s asks.
October 09, 2019
Ontario court rules cap on general damages does not apply to sexual abuse
The Ontario Superior Court has awarded general damages in excess of the cap in a sexual assault case, a first for the province, say lawyers.
Known as the trilogy, three cases from the late 1970s – Andrews v. Grand and Toy Alberta Limited, Thornton v. District No. 57 and Arnold v. Teno – established that plaintiffs could not recover more than $350,000 (adjusted for inflation) for non-pecuniary damages as the result of a catastrophic personal injury.
In D.S. v. Quesnelle, Justice Clyde Smith awarded $400,000 to a man repeatedly sexually assaulted by Louis Omer Quesnelle between 1987 and 1992. In a criminal trial, Quesnelle was convicted in 2013 and sentenced to five years in prison.
July 23, 2019
News: Changes in Litigation Procedure in Alberta
Effective September 1, 2019, the Court will commence a one-year pilot project to lift the suspension of the enforcement of Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court (“the Mandatory ADR Rules”). Notice to Profession NP 2013-01, which suspended the enforcement of the Mandatory ADR Rules, is hereby repealed, effective August 31, 2019. All parties in litigation must now participate in some form of dispute resolution if they are in litigation. These forms include private mediation or Court Mediation.
July 12, 2019
Support Eliza Maynes in running The Hope Run for Make a Wish Foundation Alberta!
Eliza will be struggling to finish a marathon on behalf of the Make a Wish Foundation Northern Alberta on Saturday 24, 2019. Feel free to support her efforts at
April 18, 2019
Maynes & Radovici Lawyers are proud supporters of local high school football.
Maynes & Radovici Lawyers would like to wish coach Skitsko and all the players from the Saints Football team a successful 2019 season. Go Saints Go!
March 11, 2019
Lawyer who advised client to invest in fund that turned out to be Ponzi scheme responsible for millions in losses: Supreme Court
A client accepting a lawyer’s negligent advice doesn’t shield the lawyer from being liable, the court said.
February 11, 2019
Trial lawyers prep legal fight against ICBC claims Caps
The Vancouver Sun reports the Trial Lawyers Association of B.C., which includes vehicle injury lawyers whose business will be impacted by the changes, have zeroed in on two potential constitutional challenges to government legislation that will cap certain minor injury claims at $5,000 starting on April 1.
That comes as the Insurance Corporation of B.C. prepares to release its latest quarterly update Thursday on what Attorney-General David Eby said Wednesday is a worsening financial situation.
December 20 2018
Maynes and Radovici Lawyers would like to wish everyone a Merry Christmas and a Happy New Year! To our Jewish friends - Happy Hanukkah!
November 12, 2018
Legal Update: New Civil and Criminal Consequences for ‘Revenge Porn’
The prevalence of such inappropriate use of private images is growing. It has been reported that Facebook recently reviewed more than 54,000 reports of revenge pornography and ‘sextortion’ in a single month alone, leading to the disabling of more than 14,000 accounts.
The law in Canada and Ontario has been responding to this growing trend, both in the civil and the criminal context.
In the civil context, the Ontario Superior Court of Justice recently recognized a new cause of action – the tort of “public disclosure of private facts.” In his decision in Doe 464533 v. N.D., Justice Stinson held that a person will be liable for invasion of another’s privacy rights if the matter publicized would (a) be highly offensive to a reasonable person; and (b) is not of legitimate concern to the public. As Justice Stinson noted in his decision:
“To permit someone who has been confidentially entrusted with such details – and in particular intimate images – to intentionally reveal them to the world via the Internet, without legal recourse, would be to leave a gap in our system of remedies. I therefore would hold that such a remedy should be available in appropriate cases.”
September 21 , 2018
Sexual assault victim awarded $200,000 in Lawsuit
The Ontario Court of Appeal has rejected the notion that general damages for a sexual assault victim should be relatively modest if it is a single incident involving adults and no breach of trust.
An award of $200,000, which included $175,000 in general damages and $25,000 in punitive damages, was upheld earlier his month in a case where a female doctor was sexually assaulted by a male colleague at a hospital in southwestern Ontario.
Costs of $325,000 and pre-judgment interest of $155,000 were also awarded to the plaintiff in a civil action that was plagued with delays in going to trial.
June 7, 2018
Supreme Court rules Canadian billionaire must take defamation suit to Israel
The Supreme Court of Canada has given writers and publishers some protection from lawsuits in distant jurisdictions that allege online defamation, telling a Canadian billionaire who sued an Israeli newspaper to take his lawsuit to Israel.I
In an important decision for publishing in the internet era, when an article or book produced in one country may be read online almost anywhere in the world, the court’s 6-3 ruling stressed the need for fairness in choosing a jurisdiction for a defamation suit.
May 15, 2018
Government amending minor injuries to keep insurance rates down
The Government of Alberta government says it is amending the Minor Injury Regulation (MIR), providing Albertans with more clarity on which injuries, conditions and symptoms are covered. Sprains, strains and whiplash injuries are considered minor injuries. Additionally, the physical and psychological symptoms, along with some temporomandibular joint (TMJ) injuries, are also considered minor injuries.
October 13, 2017
Alberta tourist injured after drinking cleaning fluid can sue Mexican resort, Supreme Court rules
'The injuries are extremely severe.... Her life has been horribly affected"
Toews alleges that she suffered "catastrophic" injuries in February 2009 while staying at the Grand Palladium on a seven-night all-inclusive vacation with her husband and two daughters. Toews has been able to gain jurisdiction in Alberta for the case because her booking contract for food, drink and vacation accommodations was made in Alberta
October 12, 2017
$93M class-action lawsuit filed against City of Calgary for privacy breach
Lawsuit states personal info of 3,700 city staffers sent to an employee of another Alberta municipality.
September 13, 2017
ICBC Financial Problems
Media reports are stating that the insurance company in British Columbia ICBC is financially a wreck. Critics say the beleaguered Crown corporation requires dramatic rate hikes and drastic structural changes to save it from ruin.
January 3, 2017
Misleading Doctor Report for TD Insurance for Car Accident Victim
A doctor in Ontario is being investigated by the College of Physicians for preparing a misleading medical report for TD insurance in regards to a woman who suffered a catastrophic injury. Justice Sean Dunphy issued a decision in which he described a 2014 “executive summary report” prepared by Dr. Howard Platnick about a woman injured in a car accident as “on the face of it misleading.
January 1, 2017
Happy New Years from Maynes & Radovici Lawyers !
December 25, 2015
Merry Christmas from Maynes & Radovici Lawyers !
September 4, 2016
A British Columbia court recently ruled against the ICBC when it found that a man who suffered a spinal injury while moving his all-terrain vehicle from his pickup truck is entitled to accident benefits.
Section 96(b)(i) of B.C.’s Insurance (Vehicle) Act Regulation (also known as Regulation 447/83) stipulates that ICBC is not liable to pay benefits “in respect of the injury or death of a person …. who, at the time of the accident, is … an occupant of or is struck by a vehicle that could not be licensed under the Motor Vehicle Act or Commercial Transport Act or that is of such design that if owned or operated in the Province could not be licensed under one of those Acts.”
ATV's are not not licensed under the Motor Vehicle Act.
The court cited a Supreme Court Case to provide clarification on coverage:
"There is a two-part test in interpreting coverage, Justice Major explained.
The first question is whether an accident resulted from “the ordinary and well-known activities to which automobiles are put.” The second part of the test is whether there is “some nexus or causal relationship (not necessarily a direct or proximate causal relationship)” between the claimant’s injuries “and the ownership, use or operation of his vehicle,” or whether “the connection between the injuries and the ownership, use or operation of the vehicle merely incidental or fortuitous.”
August 23, 2016
Maynes & Radovici Lawyers Welcomes Jamie Churchward
Maynes & Radovici Lawyers would like to welcome a new addition to our firm. Jamie Churchward comes with a wealth of knowledge from years of practicing law in the federal government. She is hard working, intelligent and very personable. Jamie will be starting in the fall.
January 3, 2016
Maynes & Radovici Lawyers Split Court of Appeal over EPS consent forms and Charter Rights
The Court of Appeal released an important decision in regards to Section 8 and Section 11 over consent forms used by the Edmonton Police Service.
In a Dissenting Memorandum of Judgment, the Honorable Mr. Justice O’Ferrall highlighted the significance of the medical information breach in R v Kiene.
The significance of the medical information breach in this case was that the appellant received insufficient protection against self-incrimination. This was not simply a case of a breach of the appellant’s right to privacy or security of the person. The appellant argued that the trial judge erred in failing to find that his protection against self-incrimination was breached.
The seriousness of the Charter-infringing state conduct ought to have been assessed having regard to regulatory regimes which reflect the seriousness with which society views the inappropriate use of medical records and accident reports. In determining whether the admission into evidence of medical information obtained in a manner which infringed an appellant’s Charter rights would bring the administration of justice into disrepute, the trial judge ought to have had regard for what other laws were potentially being broken.
In my view, the Charter-infringing conduct in this case undermined the objectives, duties, and safeguards found in our accident-reporting legislation, as well as our health information legislation. Relying upon evidence seized in breach of at least two, and possibly three, provincial statutes in order to convict an accused risks bringing the administration of justice into disrepute. Therefore, the state’s Charter-infringing conduct in this case ought to have been considered very serious, favoring exclusion of the evidence.
April 11, 2016
Maynes & Radovici Lawyers successfully defend Dr. Simona Tibu
The Court of Appeal released its decision which denied leave for the Crown to appeal a Court of Queen’s Bench finding which overturned the convictions of Dr. Simona Tibu. That decision is below
Last December, Maynes & Radovici Lawyers appealed a decision that found Dr. Simona Tibu assaulted and resisted arrest from a sheriff during a routine traffic stop for speeding. CBC made an application seeking the dash camera video from the sheriff’s motorcycle and the event became heated discussion about civil rights in the country. The video showed the two struggling on the side of a busy highway and then falling out of view of the camera.
Summary
A summary of the findings was that the court found the sheriff’s testimony to be credible. However, he testified that he demanded the driver’s documentation 10-12 times, cautioned the dentist about not providing the documents and had a brief conversation about cell phones all in a span of 40 seconds before he decided to arrest her and remove her from her car.
The court found that was not a reasonable amount of time for the driver to respond to the request as per the Traffic Safety Act law. Further, at no time did the dentist state she would not produce the documents and showed that she did comply with every other command before the arrest.
April 25, 2016
Maynes & Radovici Lawyers - Fraser Valley Community College declared a Vexatious Litigant
Maynes & Radovici Lawyers participates with counsel from British Columbia in having Fraser Valley Community College declared a vexatious litigant.
Summary
Mr. Conteh a father of a student was represented by Mr Maynes. Counsel was given leave to make written submissions on the application, and did so. The written submissions set out arguments in favour of dismissing the claims against Mr. Conteh. The written submissions also asked that the plaintiffs be declared vexatious litigants.
The Honourable Mr. Justice A. Saunders stated:
"As noted by Mr. Justice Hall in S. v. S. (1998), 60 B.C.L.R. (3d) 232 (C.A.), leave to appeal ref’d [1999] S.C.C.A. No. 11, the deeply enshrined democratic right of unfettered access to the courts is subject to the corollary that continuing abuse of this right must be dealt with."
"Ms. Kikla has abused the court’s processes. I am therefore... declaring Fraser Valley Community College and Ms. Sunanda Kikla to be vexatious litigants."
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