Articles 2020


How a Home Construction Case Impacts on Professional Regulation in Healthcare

  • April 24, 2024
  • Anne Marshall and John McIntyre, McIntyre Szabo PC

This article is an update for health lawyers on the recent Divisional Court case in Yarco Developments Inc. v. Home Construction Regulatory Authority (Registrar) 2024 ONSC 93. It may seem odd to you at first glance that an article about a home construction case is being included in the OBA Health Law Newsletter. But trust us, it is directly relevant to the practice of health law, particularly on professional regulation and registration matters.

Health Law, Student Forum

December 2023 Case Law Summaries

  • January 09, 2024
  • Johann Annisette

On December 20th, 2023, Anna Lei and Hanna Rioseco of Borden Ladner Gervais LLP presented at the OBA Health Law Section – Case Law Update, summarizing recent important cases in the area. Both Anna and Hanna provided key takeaways from the three cases presented, which will be important to keep in mind for healthcare providers, individuals, and lawyers practicing within the field.

Health Law, Student Forum
photo of award recipient Kate Dewhirst

Introducing your 2023 Susan Davidson Memorial Award for Excellence in Health Law Winner: Kate Dewhirst

  • November 03, 2023
  • Maria McDonald, Lonny Rosen, Sarah Virani

In this edition of the OBA Health Law’s Section Insider, we spoke with those who participated in nominating Kate Dewhirst, the 2023 recipient of the Susan Davidson Memorial Award for Excellence in Health Law. Kate is the founder of the law firm, Kate Dewhirst Health Law. Kate advises health care organizations on risk management, privacy, system integration, and credentialing issues.

Health Law, Student Forum
photo of co-author Carina Lentsch

A Health Law, Data Management & Cyber Security Cheat Sheet

  • June 29, 2023
  • Eric S. Baum & Carina Lentsch

It is widely understood that professional services and health care are among the most common industries targeted by cyber attacks, which puts law firms practicing health law squarely in the crosshairs of cyber criminals. This “cheat sheet” document is intended to provide some practical suggestions for health law practitioners to consider when contemplating the increasingly thorny area of electronic data management and cyber security.

Health Law, Student Forum
photo of author Lucy G. Jackson

Statistical and Circumstantial Evidence in Medical Malpractice Class Action Proceedings: Levac v James, 2023 ONCA 73

  • April 28, 2023
  • Lucy G. Jackson

This article summarizes an important medical negligence class proceeding decision that addresses the use of circumstantial evidence to support findings of negligence and discusses common, class-wide findings of breach of the standard of care and causation. The Court of Appeal approved of the lower court’s reliance on statistical evidence with respect to rates of infection and agreed that there was a causal link between the class members’ infections and the Defendant’s subpar IPAC practices.

Health Law, Student Forum
photo of author Mina Karabit

Reducing Barriers for US-trained Physicians to Practice in Ontario

  • April 28, 2023
  • Mina Karabit

The College of Physicians and Surgeons of Ontario has proposed changes to its registration policies to encourage more US-trained physicians to practice in Ontario. This article briefly highlights the different pathways through which physicians may become registered to practice in Ontario. The proposed policies are not yet in force and, for now, the old pathways still apply.

Health Law, Student Forum
Photo of author Lindsay Carbonero

New Healthcare Accessibility Standard: Implications for the Health Sector and Healthcare Professionals

  • January 10, 2023
  • Lindsay Carbonero

The Accessibility for Ontarians with Disabilities Act, 2005 (the "AODA") was enacted with the goal of creating an accessible Ontario by 2025. In 2017, the Health Care Standards Development Committee was asked to develop recommendations for a new accessibility health care standard. The Committee recently published their final recommendations, with broad implications on the health care sector.

Health Law, Student Forum
photo of author Sarah Virani

How Much is Enough: Meeting the threshold for the tort of intrusion upon seclusion

  • December 16, 2022
  • Sarah Virani

The Ontario Divisional Court's decision in Stewart v Demme, 2022 ONSC 1790, a class action case against William Osler Health System and one of its ex-nurses (Demme), discusses the tort of intrusion upon seclusion in the context of a privacy breach. The intrusion under review here, namely, accessing health information in order to misappropriate opioids and support Ms. Demme's addiction, was not so offensive or significant as to cry out for a remedy.

Health Law, Student Forum