Overview
Laurie Pawlitza was quoted by Canadian Lawyer magazine on a case involving ex-spouses battling over the COVID-19 vaccination for their child.
A Saskatchewan Court of Queen’s Bench judge has ruled that a 13-year-old daughter must be vaccinated for COVID-19, agreeing with the father’s position that it is in the best interests of the child to receive the vaccine and rejecting the arguments of the mother, who does not want her daughter vaccinated.
It is one of several cases that have gone to court as ex-spouses battle over vaccinations for their children. “This is not the first vaccination case to come before Canadian courts,” Justice Michael Megaw wrote in his ruling. “It may be one of the first Covid-19 vaccination cases, at least in this jurisdiction, but the Court has grappled with these very issues before.”
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Laurie Pawlitza with Torkin Manes in Toronto agrees there may be a new round of disputes on the horizon but adds that these cases may be easier to resolve since the question of informed consent or mature minor won’t likely come up.
Says Pawlitza: “Cases in these types of healthcare-related disputes can be more difficult with older children because of the Health Care Consent Act and the child’s capacity to make informed decisions and give consent."
To read the full article, please visit the Canadian Lawyer website.