Description
This case law summary was developed as part of the Disaster Law Database (DISLAW) project and is not an official record of the case.
Date
Geographical Area
North America
Countries
Canada
Case Name
Eliopoulos Estate v Ontario (Minister of Health and Long-Term Care)
Case Reference
2006 CanLII 37121 (ON CA) (C44577)
Name of Court
Court of Appeal for Ontario
Key Facts
George Eliopoulos was bitten by a mosquito in Mississauga in 2002 and became infected with the West Nile Virus.
Decision and Reasoning
The Court of Appeal determined that imposing a duty of care on the government would impose an unjustified and unwelcome burden on the province, interfering with public-health decision-making.
Outcome
While the Ontario government had a responsibility to the general public, the Court of Appeal ruled that there was an insufficient closeness between the public authority and Mr. Eliopoulos to create a duty of care. As a result, the negligence claim was dismissed.
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