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CIVIL PROCEDURE - Striking out pleadings - Grounds - Estoppel

Thursday, August 16, 2018 @ 8:41 AM  

Appeal by the plaintiffs from the dismissal of their application to strike portions of the response to civil claim and an order precluding the defendant Attorney General of Canada from challenging certain factual assertions made in the pleadings. The appellants challenged the constitutional validity of the definition of a grievous and irremediable medical condition, one of the prerequisites to the Criminal Code provision of medical assistance in dying. The Criminal Code had been amended after the Supreme Court of Canada struck down the Criminal Code’s absolute...