In a recent court case from Ontario, a judge issued a temporary injunction against the University Health Network preventing them from taking disciplinary action against nurses who refused to be vaccinated. While the Toronto Sun and other news outlets may have tried to portray this as evidence of judicial support for anti-vaccination sentiments, the issuance of the injunction does not signify any judicial support for or against the position advanced by the nurses.
The judge in this case merely issued the temporary injunction to permit time to hear arguments about whether the case should proceed. The judge held this was appropriate given that the nurses in question weren’t scheduled to work in that week anyways. There were a number of issues that had to be fully argued, and this would give time for the parties to fully canvas the issues and the court to make an informed decision.
Key among the issues for determination in the application is whether the nurses even had the ability to pursue their claims in court or if the only avenue for redress was before a labour arbitrator given that the nurses were unionized employees.
PooranLaw will continue to monitor legal developments related to vaccination policies. In the meantime, if you require legal assistance, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and the article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.