'Medical battery': Ontario threatened with lawsuit over four month delay for COVID booster shot - National Post | Canada News Media
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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. 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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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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