No cause of action exists in nursing home negligence cases based on a defendant's «responsibilities» under the state and federal nursing home statutes. (marshalldennehey.com)
She noted that the presumption of home statute interpretation applied; and because the legislature intended to vest this particular Board with powers because of its expertise, that intent should be respected (see paras 22 and 33). (ruleoflaw.ca)
In Edmonton East, Justice Stratas correctly notes that the Court complicates matters, and turns Dunsmuir's rebuttable home statute presumption into an irrebuttable assumption of expertise (68). (ruleoflaw.ca)