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Health Matters
 
Health Law Section Newsletter

Volume 21, No. 1 - December 2011

In this issue:
  • Rasouli v. Sunnybrook et al.: When Does Withholding/Withdrawing Life Support Measures Constitute “Treatment” under the Health Care Consent Act
  • College of Nurses of Ontario v. Trozzi
  • Labndmark Case: The InSite Safe Injection Site (Canada (AG) v. Community Services Society)
  • PHIPA Order HO-011: Cancer Care Ontario Ordered to Discontinue Practice of Transferring Screening Reports in Paper Format
  • Second Wave of Compliance Obligations under the Accessibility for Ontarians with Disabilities Act, 2005
  • Expert Immunity: Canadian Implications of Jones v. Kaney
  • Speaking for the Dead: An Evening with Dr. Andrew McCallum, Chief Coroner for Ontario

Volume 20, No. 3 - June/Juin 2011

In this issue:

  • Does a Health Practitioner Need to Obtain Consent to Withdraw/Withhold Treatment from a Patient Incapable of Making Treatment Decisions? Rasouli v. Sunnybrook et. al.
  • Mental Health Law in Ontario: Critical Updates
  • A Far-Sighted Plan: HPRAC's Report On Collaboration Among Eye Care Health Professionals
  • Essential Legislative Updates 2011 – An OBA Health Law Dinner Event
  • Message from the Chair: Thank you for Another Successful Year!

     

Volume 20, No. 2 - April/Avril 2011

In this Issue:

  • The Threshold for Nervous Shock
  • Treating Physicians Acting as Experts – Case Comment on Gutbir v. University Health Network
  • Case Comment on the Recent Superior Court of Justice Decision: T.(A.) (Litigation Guardian of) v. Ontario Health Insurance Plan (General Manager)
  • A Fundamental Difference of Opinion: Reference re Assisted Human Reproduction Act
  • A Fertile Debate: A Divided Supreme Court Rules on the Constitutionality of the Assisted Human Reproduction Act
  • Former Optician Found Guilty of Contempt and Sentenced
  • Case Comment: AstraZeneca Canada Inc. et al. v. Apotex et al., 2010
  • One Year Down, One to Go: The Public Sector Compensation Restraint to Protect Public Services Act, 2010
  • Say "Awe": The MLST Celebrates 60 Years
  • 2011 National Biennial Health Law Summit: Montreal - May 26 and 27, 2011

     

Volume 20, No.1 - December/Décembre 2010

In this issue:

  • Bill 122 – The Broader Public Sector Accountability Act, 2010 – Raising the Bar for Accountability and Transparency
  • The Excellent Care for All Act, 2010: Implications for Hospital Governance
  • Ontario’s Plans to Remove Barriers for People with Disabilities will Create Significant Obligations for Health Sector Organizations
  • Jurisdiction of Administrative Tribunals to Provide Remedies under the Charter: R. v. Conway
  • Consent and Capacity Board Transfer Hearings: What Can Psychiatric Facilities Expect?
  • Privacy Update: Safeguarding Personal Health Information on Mobile Devices and Fees for Access
  • Chair's Message
  • Third Biennial "Critical Issues in Health Law: A National Summit" CLE Program

 

Volume 19, No. 3 - June/Juin 2010

In this issue:

  • New Excellent Care for All Act, 2010 and Related Amendments to the Public Hospitals Act and its Regulations
  • Bill 21 - the Retirement Homes Act, 2010: A New Regime for Operators and Residents
  • Case Comment on Recent Ontario Court of Appeal Decision: Vandergiessen v. Mississauga Hospital
  • The Public Sector Compensation Restraint to Protect Public Services Act, 2010 and the Repercussions for Health Care Sector Employers
  • Drastic Pricing Reforms for Generic Drugs in Ontario Coming Into Effect on July 1, 2010
  • Is Labour Mobility for Health Professionals the Back Door to Registration?

     

Volume 19, No. 2 - March/Mars 2010

In this issue:

  • Zero Tolerance Rules for Sexual Abuse Under RHPA Apply Where Sexual Relationship Precedes Professional Relationship
  • Privacy Commissioner’s Order respecting Breach in Durham Region: A Directive for Health Information Custodians
  • Appointing and Setting the Rates for Amicus Curiae: Case Commentary on Bon Hillier v. Milojevic
  • Health Professions Appeal and Review Board Upholds Hospital’s Refusal to Re-appoint Physician in Rosenhek v. Windsor Regional Hospital
  • Ontario Hospital Association Releases New Prototype Hospital By-laws
  • Medico-Legal Issues Arising from EMR/EHR Implementation: A New Resource for Physicians
  • Legislative Update
  • Health Law Section Participates at OBA Institute 2010
  • OBA Health Law and Privacy Sections Host Joint Program: “e-Health Is Not ‘Easy’ Health”

     

Volume 19, No. 1 - November/Novembre 2009

In this issue:

  • New Reporting Obligations of Facility Operators regarding Incompetence and Incapacity in Ontario
  • Message From the Chair: 25th Anniversary of the Health Law Section
  • Liability of the Province for Individuals with SARS: A Case Comment on Williams v. Ontario
  • Proposed Changes to the Occupational Health and Safety Act regarding Violence and Harassment in the Workplace
  • Supreme Court of Canada Confirms that even Life-Saving Treatment Can be Refused by “Mature Minors”
  • Ontario Court of Appeal Confirms Ability to Apportion Damages Among Non-Parties
  • Casting Doubt on the Legitimacy of Written Powers of Attorney – A Case Comment on Barvulov v. Cirone
  • Legislative Update
  • SECTION NEWS: Upcoming Program & Website Update

     

Volume 18, No. 3 - May/Mai 2009

In this issue:

  • Physicians Permitted to Challenge Constitutionality of College's Investigative Powers
  • Stimulating the Economy by Investing in Health Information Technology: An Opportunity for EHR Progress
  • The Use of Restraints: Recommendations from a Recent Inquest
  • Important Decision Regarding Hospital Fiscal Advisory Committees
  • Hill v. Victoria Hospital Corp. Exemplifies Recent Trends in Informed Consent Litigation
  • College Discipline Committee Lacks Jurisdiction to Order Permanent Restriction on Physician's Certificate of Registration
  • Legislative Update

     

Volume 18, No. 2 - February/Février 2009

In this issue:

  • The Proposed Ontario Apology Act, 2008
  • BC's E-Health (Personal Health Information Access and Protection of Privacy) Act
  • Mandatory Influenza Vaccination Requirement for all Nurses Upheld at Arbitration
  • Court of Appeal Rules that Arbitrator Had Jurisdiction to Determine Physician's Privileges
  • Superior Court Denies Charter Challenges to Mental Health Legislation
  • Message from the Chair

 

Volume 18, No. 1 - October/Octobre 2008

In this issue:

  • Review of the Personal Health Information Protection Act, 2004
  • Flora v. Ontario Health Insurance Plan: The Implications of Seeking Overseas Treatment Options
  • Legislative Update
  • Ontario Court looks at Public Consultation Requirements for LHINs
  • Unprecedented Five Hospital Supervisors Appointed in One Year
  • Message from the Chair
  • Disruptive Doctors or Abusive Administrators - June 17, 2008
  • Message from the CBA Chair

Volume 17, No. 3 - June/Juin 2008

In this issue:

  • Medical Futility and End of Life Decision-Making
  • Apologies Without Reprisal?
  • New Canadian Disclosure Guidelines
  • Legislation Introduced to Modernize the Food and Drug Act and Permit Recalls of Unsafe Consumer Products
  • Ontario Court of Appeal Reconsiders Approach in "Wrongful Life" Claim
  • Message from the Chair
  • Coroners' Inquests in the Health Care Sector and Beyond
  • Health Law Section Program Focuses on Health Profession Corporations

 Volume 17, No. 2 - February/Février 2008

In this issue:

  • OBA Health Law Section Program Examines Advocacy before Health Tribunals
  • Law Society Continues Certified Specialist Program
  • Can Parents be Ordered to Consent to the Withdrawal of Treatment of their Child?
  • Case Comment - Potential Liability for Voluntary Status
  • Managing Workplace Violence and Disruptive Physician Behaviour: Coroner's Inquest into the Death of Lori Dupont
  • Amendments to Nursing Act Regulations Establishing New Specialities
  • Update on Adoption Information Disclosure
  • OBA Young Lawyers' Division - What Membership in Our Section Can Do for You

Volume 17, No. 1 -October/Octobre 2007

In this issue:

  • Message from the Chair - by Jasmine Ghosn
  • General Legislative Update - by Simmie Palter
  • Mandatory Disclosure of Critical Incidents - by Kathryn Frelick
  • Amendments to the Adoption Information Disclosure Act: Cheskes v. Attorney General of Ontario - by Candace Chan
  • Physician Contracts Cannot Use Court to Avoid Privileges Proceedings under Public Hospitals Act - by Kathy O'Brien
  • McCreith and Holmes v. Attorney General - by Candace Chan
  • Statutory Amendments affect Ontario's Consent and Capacity Board - by Joaquin Zuckerberg
  • Legislative Rounds: An Update from the Ministry of Health and Long-Term Care - by Simmie Palter
  • The Assisted Human Reproduction Act: Focus on Section 8 - by Jane Dykeman

 Volume 16, No. 3 - April/Avril 2007

In this issue:

  • Message from the Chair - by Jasmine Ghosn
  • OBA Health Law Section Meets the Ontario Minister of Health Protection and Promotion, The Honourable Jim Watson - by Kate Crawford
  • Court Compels Hospital to Hold Membership Meeting - by Kathy O’Brien
  • Occupational Health and Safety Records under the Personal Health Information Protection ActHooper v. College of Nurses of Ontario - by Mary Jane Dykeman
  • IPC Order under PHIPA Deals with Abandoned Records - by Fannie Dimitriadis
  • Transparent Drug System for Patients Act, 2006:  The Government’s Plan to Improve Ontario’s Drug System - by Lisa Corrente
  • Proposed Legislation Affects Over 40 Health Statutes - by Simmie Palter
  • Ontario Legislative Update - by Kathryn Frelick and Alia Karsan

Volume 16, No. 2 - January/Janvier 2007 

In this issue:

  • Message from the Chair - by Jasmine Ghosn
  • Government Cannot be Sued for Failing to Prevent the Spread of West Nile Virus - by Kathryn Frelick and Alia Karsan
  • Internet Pharmacies — New U.S. Legislation Puts the Issue Back into the Spotlight - by David C. Rosenbaum and Louise Shap
  • Tort Reform:  Can it Reduce Medical Error and Improve Patient Safety? - by Michelle Mysak and Jasmine Ghosn
  • Strategies to Manage the Difficult Client/Family Member - by Kathryn Frelick
  • OBA's First Annual Privacy Law Summit a Success! - by Fannie Dimitriadis 

Volume 16, No. 1 - September/Septembre 2006

In this issue:

  • Message from the Chair - by Jasmine Mary Ghosn
  • Review of Health Canada's Regulatory Framework for Clinical Trials:
    E-Consultation - by Fannie Dimitriadis
  • Another Successful Program: Advocacy in the Next Generation - by Emily Larose
  • Health Law CLE: Med Mal Mock Trial a Winner! - by Jasmine Ghosn and Rodney D. Dale
  • The Value of a Signed Release of Liability Remains in Question: An Update on Hobbs v. Robertson - by Kathy O'Brien
  • 10 Things that You Should Know about the Smoke-Free Ontario Act - by Michelle Mysak
  • Health Professionals Advisory Committees: Proposed Regulation under the LHIN Legislation - by Kathy O'Brien
  • Overview of the Emergency Management and Civil Protection Act - by Kathryn Frelick
  • Second Order Under PHIPA Clarifies HIC's Responsibilities in the Case of Unauthorized Access to Personal Health Information - by Lonny J. Rosen
  • Finding of Incapacity to Consent to Treatment Upheld - by Kathryn Frelick
  • Lose a Friend or Loved One?
 

Volume 15, No. 3 - May/Mai 2006

In this issue:

  • Message from the Chair - by Lonny J. Rosen
  • General Principles of Medical Malpractice Litigation: Standard of Care and Causation - by Rodney D. Dale and Sandra Drozd  
  • PIPEDA Exemption for Ontario Health Information - by Brian C. Keith   
  • Recent Decisions of Interest to the Section - by Fannie Dimitriadis  
  • Damages Awarded in Wrongful Birth Case - by Mary Jane Dykeman  
  • Ontario Legislative Update — A Year in Review - by Kathryn Frelick  
  • LHINs: A Primer - by Elyse Sunshine  
  • "Right Drug, Right Person, Right Price: Improving and Governing the Provincial Drug System" — An Overview of the Ontario Government's Proposed Overhaul of the Ontario Drug Benefit Program, including Bill 102: Transparent Drug System for Patients Act, 2006 - by Megan Evans and Emily Larose   
  • Upcoming Programs    
  • Publications   
  • Multimedia Products   
  • Section Executive 2005-2006   

Volume 15, No. 2 - January/Janvier

In this issue:

  • Message from the Chair - by Lonny J. Rosen
  • Whistleblower Legislation: Letting Health Care Workers Speak their Minds - by Shaun O'Brien   
  • Chaoulli Program Explores SCC Decision from Differing Expert Perspectives - by Kathy O'Brien   
  • Bill 36, Local Health System Integration Act, 2005 - by Michael Watts, Patricia North and John O'Reilly  
  • Health Law Update: Governance and Liability of Health Professionals in Ontario - by Tanya Chow  
  • Tobacco Recovery Legislation Upheld by Supreme Court of Canada - by Cristian Couchot and Heather Crockett-Loughlin
  • Update on Public Bills - by Louise Harris and Mary Jane Dykeman  
  • Health Law CLE at OBA Institute 2006 a Success - by Jasmine Ghosn 
  • New Chair of Sections     
  • Upcoming Program   
  • Publications   
  • Multimedia Products   
  • Section Executive 2005-2006   

Volume 15, No. 1 - August/Août 2005

 In this Issue:

  • Message from the Chair - by Lonny J. Rosen
  • Chaoulli: The Implications of the Supreme Court of Canada's Decision - by Kathryn Frelick and Lorian Hardcastle
  • Mandatory Gunshot Wound Reporting is Imminen t- by Susan Davidson and Kathy O'Brien
  • Liability for Negligent Discharge Instructions: Recent Case Law - by Dara M. Lambe
  • An Evening with the Information and Privacy Commissioner of Ontario - by Tanya Chow
  • Health Law - Legislative Update - by Kathy O'Brien
  • Upcoming Program
  • PHIPA Summit 2005 
  • 2006 Institute of Continuing Legal Education
  • Publications
  • Section Executive 2005-2006 

Volume 14, No. 4 - May/Mai 2005

In this issue:

  • Message from the Chair - by Lonny J. Rosen 
  • Ontario Minister of Health Releases Report on Medical Audit Process - by Katie Osborne and Naomi Margo   
  • The Jurisdiction of the Consent and Capacity Board to Hear Charter Issues - by Mary Jane Dykeman    
  • Auditor General Has Extensive New Powers Over Public Health Sector - by Kathy O'Brien and Tracey Rynard 
  • The Court of Appeal's Decision in R. v. Serendip Physiotherapy Clinic: Limiting the Common Law Procedural Requirements for Search Warrants - by Jason Ball    
  • Health Law Section Puts On Two Successful Programs at OBA Institute 2005 - by Jasmine Ghosn     
  • Upcoming Program  
  • Publications 
  • Section Executive 2004-2005 

Volume 14, No. 3 - February/Février 2005 

In this issue:

  • Disclosure of Personal Health Information and the Role of the "Expert" versus "Treating" Witness in Medical Negligence Litigation
  • The Supreme Court Decision on Health Care Spending
  • Negligence Found Where Successful Surgery Performed Using Wrong Procedure
  • Ontario Court of Appeal upholds mandatory revocation of doctor's license for sex with patient
  • Reid v. Livigstone: New Direction on the Admissibility of Evidence in Medical Negligence Summary Judgment Motions

Volume 14, No. 2 - October/Octobre 2004 

In this issue:

  • Regulating Research Ethics Boards through the Personal Health Information Protection Act, 2004 (Ontario)
  • Procedural Fairness Found Lacking in CPSO's Quality Assurance Proceedings
  • An Evening with Ontario's Minister of Health
  • Ontarians with Disabilities Act Update

Volume 14, No. 1 - August/aout 2004 

In this issue:

  • SARS Commission Interim Report: What Went Wrong for Health Care Workers
  • Message from the Chair
  • Transitional Physician Payment Review Act, 2004
  • Patient Safety in Canadian Hospitals
  • Legislative Update
  • Regulation of Assisted Human Reproductive Treatments in Canada - the Assisted Human Reproduction Act
  • Li v. College of Physicians and Surgeons of Ontario: The Requirement to Demonstrate More than Financial Harm

Volume 13, No. 3 - April/Avril 2004

In this issue:

  • Privacy and the Provision of Health Care in Ontario
  • Specialist Certification for Health Law Lawyers - An Update
  • Government Take-Over and Defunding Decision Ruled Illegal. Funding Restored
  • Two New Bills Demand Greater Accountability from Health Sector
  • Health Law and Medical Malpractice: Essential Decisions
  • Bill 31, The Health Information Protection Act, 2003 

Volume 13, No. 2 - November/Novembre 2003

In this issue:

  • Consent and Capacity Board Releases Revised Draft Rules of Practice
  • Letter Re: Specialist Certification for Health Law Lawyers
  • Bic Mac Attack: Fast Food is Bad for Me?!
  • R. v. Serendip Pysiotherapy Clinic: Balancing Patients' Privacy with the Need to Investigate Crime

Volume 13, No. 1 - September/Septembre 2003

In this issue:

  • Mandatory Revocation of Physician Licence Upheld in Sexual Abuse Case
  • Use of Restrictive Covenants in Association Agreements
  • Ontario Follows Lead of British Columbia Decision on Autism
  • NEW: Natural Health Products Regulations - What You Should Know
  • Mandatory Blood Samples under the Health Protection and Promotion Act
  • New Professional Regulations for Medical Radiation Technologists and Physicians
  • Correction

Volume 12, No. 3 - May/Mai 2003

In this issue:

  • Case Comment: Bartoszek v. Cirella-Baldwin et al
  • Hospital Records: In for a Penny, In for a Pound
  • CPSO Rules on New Basis for Professional Misconduct
  • Health Care in Canada: What Does the Future Hold?
  • Federal Government Proposing Ban of Commercial Surrogacy Arrangements: A Critical Review

Volume 12, No. 2 - January/Janvier 2003

In this issue:

  • B.C. Court of Appeal Supports Funding for Treatment of Autistic Children
  • Private Member's Bill Demands Transparency at Hospital Board Level
  • Butterworth v. College of Veterinarians of Ontario (2002)
  • Patients' Right-to-Know v. Privacy Rights of Health Care Providers
  • Investigation of Adverse Obstetrical Outcomes
  • Informed Consent
  • Recent WSIAT Decisions Upheld by Divisional Court
  • Soundbites
  • Letters to the Editor

Volume 12, No. 1 - November 2002 

In this issue:

  • Government Taking Back Control of Public Hospitals
  • Update on Primary Care Reform and Family Health Networks
  • Browne (Litigation Guardian of) v. Lavery: An Expert's Findings" may be the Expert's "File"
  • Ontario Court Sheds Light on Foundation's Responsibilities to Hospital
  • Soundbites
  • Meet the Minister Night
  • CLE Programs Update

Volume 11, No. 2 - May 2002

In this issue:

  • New Rules of Procedure Proposed by the Consent and Capacity Board
  • To v. Toronto Board of Education: Reassessing Family Law Act Damages
  • Incorporation by Health Professionals
  • Canada's New Natural Health Products Regulations
  • Recent Developments in Legal Issues Affecting the HIV/AIDS Community
  • Case Summary: Health Facilities Must Enforce their Internal Policies
  • Smart Systems for Health

Volume 11, No. 1 - January 2002

In this Issue:

  • Bill 130 Increases Government Control Over CCACs
  • Community Treatment Orders in Ontario: A Year Later
  • Changes Are Coming to the Regulated Health Professions Act
  • Don't Faa in the Pot! Legal Concerns Surrounding the New Medical Marijuana Regulations
  • Legislative Update - Tissue and Organ Donation
  • Ontario has new Patient Restraints Legislation
  • Upcoming CLE Program

Volume 10, No. 2 - March 2001

In this Issue:

  • Case Comment: Dr. Thomas Dignan v. The Board of Directors of South Muskoka Memorial Hospital
  • Ontario's Bill 152 Permits Health Professionals to Incorporate
  •  Legislative Update: Patient Restraints
  • Bill 68: Community Treatment Orders and More
  • Health Law Section Executive 2000-2001