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'Medical battery': Ontario threatened with lawsuit over four month delay for COVID booster shot – National Post

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Pfizer recommends 21 days between doses, not the four months implemented by Canada

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Two Ontarians seniors are threatening to take Canada’s pandemic authorities to court over the country’s unprecedented decision to prescribe four-month gaps between doses of the Pfizer-BioNTech vaccine.

The pair provided written consent for their first dose in early March, when official Ontario guidelines said that the vaccine comprised “2 doses given 21 days apart.”

“If you are receiving the Pfizer-BioNTech COVID-19 Vaccine, you should return for your second dose in 21 days,” read an official Vaccine Information Sheet accompanying the official consent form.

Only days later, however, the pair’s 21-day booster appointments were suddenly cancelled following a March 8 directive from the National Advisory Committee on Immunization that instead mandated a four-month gap between doses.

In a March 29 notice of claim issued to federal and provincial health authorities, the complainants — two retired medical professionals aged 79 and 83 — allege they were duped into agreeing to the vaccine under false pretenses, and that the Government of Ontario is responsible for “breach of contract, detrimental reliance and medical battery.”

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An employee uses a syringe to transfer raw materials for messenger RNA (mRNA), the first step of Covid-19 vaccine production, at the BioNTech SE laboratory in Marburg, Germany, on Saturday, March 27, 2021.
An employee uses a syringe to transfer raw materials for messenger RNA (mRNA), the first step of Covid-19 vaccine production, at the BioNTech SE laboratory in Marburg, Germany, on Saturday, March 27, 2021. Photo by Alex Kraus/Bloomberg

“The province broke the promise that was made both in writing and orally at the vaccination site,” reads the notice of claim drafted by the pair’s lawyer, Ian Cooper. The claim was forwarded Monday to the Public Health Agency of Canada, the National Advisory Committee on Immunization and the federal and Ontario ministers of health.

The letter is not an official threat to sue, but merely promises escalation if the two complainants are not vaccinated in a “timely” fashion.

“My strongest preference by far would be for the government to change its guidance based on the new evidence and to honour its commitment to give timely boosters to these people, which would put an end to any potential individual claims or class proceeding,” Cooper told National Post.

Earlier this month, Canada became the only country in the world to mandate a gap of four months between doses of the Pfizer and Moderna vaccines.

Although these are significantly longer timeframes than what is recommended by either manufacturer, the decision was made in order to maximize the effectiveness of Canada’s limited stock of vaccines.

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While the completed vaccine regimen reduces an individual’s risk of infection by more than 95 per cent, early data has shown that the first shot alone can slash a patient’s risk by up to 80 per cent.

The reasoning of the National Advisory Committee on Immunization, therefore, was to maximize the number of Canadians with at least some protection from the virus, rather than adhering to the 21-day recommended schedule.

“Extending the interval between doses was shown to be a good strategy through modelling, even in scenarios considering a six-month interval and in theoretical scenarios where waning protection was considered,” wrote the committee in a briefing note.

However, this is at odds with data showing that a delayed second dose can be disproportionately risky to the elderly population, which is most vulnerable to COVID-19. Data from the Public Health England has shown that COVID-19 vaccines are not as potent in the elderly population. As a result, the first shot was shown to provide only 57 per cent protection among English adults over the age of 80, with 85 per cent protection coming only after the second dose. More than 11 million people in the U.K. have received the AstraZenaca vaccine.

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In the March 29 notice of claim, Cooper noted that the National Advisory Committee on Immunization was comprised largely of pediatric specialists — a reasonable measure in normal times when most vaccines are administered to children, but perhaps not in a mass-vaccination campaign exclusively targeted at adults.

“The overwhelming majority of deaths among COVID-19 victims have been elderly, and their interests and unique health and immunological considerations do not appear to be adequately represented on the NACI Working Group,” wrote Cooper.

• Email: thopper@postmedia.com | Twitter:

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Japan’s SoftBank returns to profit after gains at Vision Fund and other investments

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TOKYO (AP) — Japanese technology group SoftBank swung back to profitability in the July-September quarter, boosted by positive results in its Vision Fund investments.

Tokyo-based SoftBank Group Corp. reported Tuesday a fiscal second quarter profit of nearly 1.18 trillion yen ($7.7 billion), compared with a 931 billion yen loss in the year-earlier period.

Quarterly sales edged up about 6% to nearly 1.77 trillion yen ($11.5 billion).

SoftBank credited income from royalties and licensing related to its holdings in Arm, a computer chip-designing company, whose business spans smartphones, data centers, networking equipment, automotive, consumer electronic devices, and AI applications.

The results were also helped by the absence of losses related to SoftBank’s investment in office-space sharing venture WeWork, which hit the previous fiscal year.

WeWork, which filed for Chapter 11 bankruptcy protection in 2023, emerged from Chapter 11 in June.

SoftBank has benefitted in recent months from rising share prices in some investment, such as U.S.-based e-commerce company Coupang, Chinese mobility provider DiDi Global and Bytedance, the Chinese developer of TikTok.

SoftBank’s financial results tend to swing wildly, partly because of its sprawling investment portfolio that includes search engine Yahoo, Chinese retailer Alibaba, and artificial intelligence company Nvidia.

SoftBank makes investments in a variety of companies that it groups together in a series of Vision Funds.

The company’s founder, Masayoshi Son, is a pioneer in technology investment in Japan. SoftBank Group does not give earnings forecasts.

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Trump campaign promises unlikely to harm entrepreneurship: Shopify CFO

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Shopify Inc. executives brushed off concerns that incoming U.S. President Donald Trump will be a major detriment to many of the company’s merchants.

“There’s nothing in what we’ve heard from Trump, nor would there have been anything from (Democratic candidate) Kamala (Harris), which we think impacts the overall state of new business formation and entrepreneurship,” Shopify’s chief financial officer Jeff Hoffmeister told analysts on a call Tuesday.

“We still feel really good about all the merchants out there, all the entrepreneurs that want to start new businesses and that’s obviously not going to change with the administration.”

Hoffmeister’s comments come a week after Trump, a Republican businessman, trounced Harris in an election that will soon return him to the Oval Office.

On the campaign trail, he threatened to impose tariffs of 60 per cent on imports from China and roughly 10 per cent to 20 per cent on goods from all other countries.

If the president-elect makes good on the promise, many worry the cost of operating will soar for companies, including customers of Shopify, which sells e-commerce software to small businesses but also brands as big as Kylie Cosmetics and Victoria’s Secret.

These merchants may feel they have no choice but to pass on the increases to customers, perhaps sparking more inflation.

If Trump’s tariffs do come to fruition, Shopify’s president Harley Finkelstein pointed out China is “not a huge area” for Shopify.

However, “we can’t anticipate what every presidential administration is going to do,” he cautioned.

He likened the uncertainty facing the business community to the COVID-19 pandemic where Shopify had to help companies migrate online.

“Our job is no matter what comes the way of our merchants, we provide them with tools and service and support for them to navigate it really well,” he said.

Finkelstein was questioned about the forthcoming U.S. leadership change on a call meant to delve into Shopify’s latest earnings, which sent shares soaring 27 per cent to $158.63 shortly after Tuesday’s market open.

The Ottawa-based company, which keeps its books in U.S. dollars, reported US$828 million in net income for its third quarter, up from US$718 million in the same quarter last year, as its revenue rose 26 per cent.

Revenue for the period ended Sept. 30 totalled US$2.16 billion, up from US$1.71 billion a year earlier.

Subscription solutions revenue reached US$610 million, up from US$486 million in the same quarter last year.

Merchant solutions revenue amounted to US$1.55 billion, up from US$1.23 billion.

Shopify’s net income excluding the impact of equity investments totalled US$344 million for the quarter, up from US$173 million in the same quarter last year.

Daniel Chan, a TD Cowen analyst, said the results show Shopify has a leadership position in the e-commerce world and “a continued ability to gain market share.”

In its outlook for its fourth quarter of 2024, the company said it expects revenue to grow at a mid-to-high-twenties percentage rate on a year-over-year basis.

“Q4 guidance suggests Shopify will finish the year strong, with better-than-expected revenue growth and operating margin,” Chan pointed out in a note to investors.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:SHOP)

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RioCan cuts nearly 10 per cent staff in efficiency push as condo market slows

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TORONTO – RioCan Real Estate Investment Trust says it has cut almost 10 per cent of its staff as it deals with a slowdown in the condo market and overall pushes for greater efficiency.

The company says the cuts, which amount to around 60 employees based on its last annual filing, will mean about $9 million in restructuring charges and should translate to about $8 million in annualized cash savings.

The job cuts come as RioCan and others scale back condo development plans as the market softens, but chief executive Jonathan Gitlin says the reductions were from a companywide efficiency effort.

RioCan says it doesn’t plan to start any new construction of mixed-use properties this year and well into 2025 as it adjusts to the shifting market demand.

The company reported a net income of $96.9 million in the third quarter, up from a loss of $73.5 million last year, as it saw a $159 million boost from a favourable change in the fair value of investment properties.

RioCan reported what it says is a record-breaking 97.8 per cent occupancy rate in the quarter including retail committed occupancy of 98.6 per cent.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:REI.UN)

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