Difference between revisions of "Course:Law3020/2014WT1/Group O"

Revision as of 10:45, 7 March 2014

Flag of Alberta [1]

Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
Whether principles of fiduciary duty applicable to private actors apply to governments?
Whether government owed fiduciary duty to patients?
Whether government breached s. 15(1) (equality) of the Charter?

@@ Line 11: / Line 11: @@
 ==='''Case Brief'''===
 ====Facts====
-* Alberta is responsible for the cost of medical care required by the residents of nursing homes and auxiliary hospitals, but patients may be asked to contribute to the costs of their housing and meals through the payment of accommodation charges.
+====Issues====
-**"Nursing homes, or LTCFs, are regulated by the Nursing Homes Act and receive funding from both the Alberta government, by way of the RHAs, and the nursing home residents themselves. Nursing home operations — which are run by either private operators or the RHAs, not by the Province — may impose on residents an accommodation charge for housing and meals, not to exceed a maximum daily amount prescribed by regulation (Para 10)"
+#Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
-*Alberta long-term care facilities allege that the government artificially inflated accommodation charges to subsidize the cost of medical expenses
+#Whether principles of fiduciary duty applicable to private actors apply to governments?
-**August 1st, 2003 – Alberta’s Minister of Health and Wellness, raised the maximum accommodation charge payable by residents of the province’s nursing homes and auxiliary hospitals (para 14) despite knowledge of “past practice” on part of LTCF’s
+#Whether government owed fiduciary duty to patients?
+#Whether government breached s. 15(1) (equality) of the Charter?