SARS

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.

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