title: Ontario court strikes civil suit against Toronto and Ontario for failing to protect plaintiff from contracting HIV.
abstract: On 10 March 2010, the Ontario Superior Court of Justice struck in its entirety Percy Whiteman's statement of claim against Ontario and Toronto for negligently failing to protect him from contracting HIV from his spouse, holding that it disclosed no reasonable cause of action. Whiteman's claim that Canada was vicariously liable for the acts of immigration agents and employees was allowed to proceed, as it was not plain and obvious that no private law duty of care could be found to exist between Whiteman and Canada.
authors.affiliation: Canadian HIV/AIDS Legal Network. schu@aidslaw.ca
authors.forename: Sandra Ka Hon
authors.initials: SK
authors.lastname: Chu
mesh_terms: D004641:Emigration and Immigration / Q000331:legislation & jurisprudence; D005260:Female; D015658:HIV Infections / Q000635:transmission*; D006801:Humans; D008297:Male; D008393:Marriage; D009864:Ontario