Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ We are all of the view that this appeal fails. Section 216 imposed upon the appellant a duty of care in giving his blood to the Red Cross. This duty of care was breached by not disclosing that his blood contained HIV antibodies. This common nuisance obviously endangered the life, safety and health of the public.
The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Karam, Greenspon, Ottawa.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.
Statutes and regulations cited
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Unresolved citations
- Section 216