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Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59

Name of Case: Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59 Type of Medical negligence:   mental disability of minor Date of Judgment: June 18, 2009 Judge Presiding: King J Country: Jamaica Case Summary The claimant, Stephen Wilson, then five years old, underwent surgery at the Medical Associates Hospital which was operated by the first defendant. The second defendant, Dr. Brendan Dunn, was the anesthetist in attendance at the surgery. On completion of the surgical operation which was a circumcision, the claimant went into cardiac arrest resulting in severe brain damage. At the date of the trial Stephen was twenty-four years old and there has been no...

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What is Child Abduction? Child Abduction is the offense of wrongfully removing or wrongfully retaining, detaining or concealing a child or baby. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: parental child abduction and abduction by a stranger. Parental child abductions are the most common type. When one parent abducts his/her child(ren) from the other parent it is often during or after a divorce action and is meant to circumvent the court or act in defiance of a court order regarding legal custody of the...

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The Domestic Violence Act Chap. 45:56 is intended to provide immediate and just relief to victims of domestic violence. The act was passed in 1999 and widened the scope of protection to victims of abuse beyond the infliction of physical violence. Prohibited conduct Domestic violence under the act is defined as physical, sexual, emotional, psychological or financial abuse committed by a person against a spouse, child, any other member of the household or a dependant. Conduct coming within the category emotional and psychological abuse include abusive language, action which can be loosely termed “stalking,” persistent telephone harassment, intimidation and so on. Financial abuse...

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The Industrial Relations Act During the 1950s and early 1960s the industrial relations climate in Trinidad and Tobago was growing tense with the development of the trade union movement. There was an increasing number of strikes and labour disputes which threatened the economic growth and productivity of the country. The Government could no longer delay in taking legislative action to regulate the relations between unions, workers and employers. As a result the Industrial Stabilisation Act, 1965, was enacted. This Act introduced the concept of compulsory arbitration to Trinidad and Tobago by the establishment of the Industrial Court. The main function of...

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Attorney Martin George does not believe AG Garvin Nicholas needs to recuse himself from extradition proceedings against former FIFA Vice President Jack Warner. He said the AG is only presenting the material to the United States based on the Treaty between both countries, and was not involved in gathering the evidence against Mr. Warner. As such, he does not believe that there is any personal interest. “At the end of the day, this is a request from the United States Government so you are merely facilitating that process. The Attorney General of Trinidad and Tobago will not be the person who has gathered...

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The term victimisation is used to describe unfair treatment of a worker by an employer because of some action the worker has taken. Some employment legislation protects you from victimisation if you are seeking to avail of or availing of your rights under the legislation. This means that your employer may not penalise you by dismissal, unfair treatment or an unfavourable change in your conditions of employment. Some legislation refers to this conduct as “penalising” an employee, other legislation refers to it as victimisation. If you are being victimised but not because you are claiming your rights under certain employment...

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