The Ambulance Chaser

Dark Knight — Mon, 17 Aug 2009 01:26:14 +0000

This site has now moved to www.rehankhalil.com

HEALTH HAZARD ALERT – Certain JUMBO GREEN ONIONS may contain Salmonella bacteria

Dark Knight — Fri, 14 Aug 2009 13:07:24 +0000

The Canadian Food Inspection Agency (CFIA) and Vitale Produce Ltd. are warning consumers not to consume Jumbo Green Onions described…

View article…

Hep A outbreak at McDonald’s

Dark Knight — Fri, 14 Aug 2009 09:36:20 +0000

Restaurant giant McDonald’s could be facing a potential class action due to a Hepatitis outbreak as it seems more people are coming forward with claims. The cause and spread of the outbreak is interesting. The incident occurred in Milan, Illinois and is being attributed to a McDonald’s employee who contracted the virus in June. She returned to work. However, the hospital where she was diagnosed did not notify public health officials on a promptly basis as they were supposed. Moreover, when the matter was reported there was a subsequent delay since an employee was on vacation.

It has been suspected that the infected employee likely did not wash her hands properly after using the washroom and likely had feces on her that in turn ended up on food.

MSN.com reports that a mother and her 14 year old daughter filed a lawsuit today after having eaten at infected McDonald’s alleging to have been sickened by Hepatitis A.

Health Canada Reviewing Possible Association of Asthma Drug Xolair (Omalizumab) with Increased Risk of Cardiovascular Problems

Dark Knight — Thu, 13 Aug 2009 20:44:54 +0000

Health Canada is informing health care professionals and Canadians that it is conducting a safety review of the potential association between the asthma drug Xolair (the brand name for the drug omalizumab) and an increased risk of cardiovascular problems.

View article…

When the Justices Ask Questions

Dark Knight — Thu, 13 Aug 2009 09:04:21 +0000

A recent article in the New York Times entitled, When the Justices Ask Questions, Be Prepared to Lose the Case, discusses a study by a law student who concluded the more questions a party is asked during court the likely the party will lose.
While on the one hand I see great merit in this theory, one that I have often seen myself first hand. Lawyers before a Judge have two options when the other party is getting hammered. Stay quiet and let the Judge do your work, or provide additional ammunition.
However, I can’t see how this theory is entirely correct either. Often in cases where Judges ask questions, as the article states and how I have seen first hand it’s more for clarification or to think aloud.
On numerous occasions I have seen a party peppered with questions even criticism by a Judge only to still come out on top.
What it comes down to is the fact that there is no absolute clear guideline on how a Judge will deliberate. When they feel like it, a Judge will overrule decades of precedent, common sense or simply fail to see a bigger picture.

Class Action against Yasmin?

Dark Knight — Wed, 12 Aug 2009 18:46:41 +0000

Lawyers in the United States are reviewing whether or not there might be the possibility of a potential class action against the popular birth control drug Yasmin. Yasmin is the successor the previous version of Yaz that has also faced a number of lawsuits.

Doesn’t seem to be much in the mainstream media other than the attorney’s website. Also, Healthy Ontario a government operated website has not cited anything such concerns with the drug.

Apple’s not so nice….

Dark Knight — Mon, 03 Aug 2009 01:19:18 +0000

Apple attempted to silence a father and daughter with a gagging order after the child’s iPod music player exploded and the family sought a refund from the company.

The Times has learnt that the company would offer the family a full refund only if they were willing to sign a settlement form. The proposed agreement left them open to legal action if they ever disclosed the terms of the settlement.

Click here.

Beef Recall

Dark Knight — Thu, 02 Jul 2009 04:04:30 +0000

The Canadian Food Inspection Agency has issued a Health Hazard alert for beef products sold at President’s Choice supermarkets. The company is called JBS Swift Beef Company. Additional information can be found at the following link:

http://www.inspection.gc.ca/english/corpaffr/recarapp/2009/20090630e.shtml

Student v Carleton

Dark Knight — Sun, 21 Jun 2009 03:14:10 +0000

Macleans reported, “Student sues Carleton for broken nose”. A former Carleton student who was assaulted while in his dorm by two other students has now commenced a personal injury action against the university.

The assault took place in 2003 and the Plaintiff is now 24 years old and missed the two year limitation to commence his action. His lawyer argues it was due to the fact that the true nature and consequences of the assault could not be appreciated by the Plaintiff. It is foreseeable that the Defendant, university will be looking to bring a summary judgment motion to dismiss the claim due to the limitation issue.

Critics of the lawsuit have and will argue, what more could Carlton have done? Well, without the commencement of the lawsuit nobody really knows what it is that Carlton has already done.

The fact that the Plaintiff is working as a security guard and likely alleges to have sustained psychological trauma should be interesting.

SARS

Dark Knight — Mon, 08 Jun 2009 12:40:43 +0000

Jamal Estate v. Scarborough Hospital – Grace Division [2009] O.J. No. 1822 was decided May 2009 by the Ontario Court of Appeal. Here the Plaintiff, the Estate of Jamal commenced a legal action against a number of organizations as a result of Jamal’s death due to SARS. Specifically, the province of Ontario was a named Defendant. It was alleged that Ontario failed to satisfy its duty of care to Jamal.

The Ontario Court of Appeal dismissed the claim against Ontario and held that, Ontario did not owe Jamal a private care of duty. In coming to its decision the court relied on other similar cases such as, Eliopoulos v. Ontario (Minister of Health & Long-Term Care) [2006] O.J. No. 4400. See also, Williams v. Ontario.