January 17, 2023 – Judicial Notice of Vaccination Safety

“Recent case law in connection with vaccinations in general and COVID-19 in particular, stand for the proposition that the Court is permitted to take judicial notice of the ongoing pandemic and the safety of mRNA vaccines.  Saint-Phard v. Saint-Phard, 2021 ONSC 6910; OMS v. KJS, 2021 SKQB 243 and TRB v. KWPB, 2021 ABQB 997. In these cases the courts were presented with significant documentation from publicly accessible government sources to take judicial notice of facts relating to COVID-19 and the PFIzer-BioNTech vaccine.

The information from Ontario Health suggests that there are indeed vaccinated people contracting the Omicron version of COVID-19.  Data from the Public Health Agency of Canada found that Canadians with two doses of the vaccine were 19 times less likely to be hospitalized that those unvaccinated and a booster provides even more protection.”

         L.M. v. C.O., 2022 ONSC 394 (CanLII) at 18-19