Articles 2020

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.

Cambie Surgeries Corporation v British Columbia (Attorney General), 2022 BCCA 245 has brought the perennial subject of private health care once again to the fore. Though some patients may be deprived of the right to life and security of the person, allowing for private care would increase wait times even further for those who cannot access private care.

What are the privacy considerations involved in ordering a medical examination under s.105 of the Courts of Justice Act, when that medical examination requires genetic testing?

What does it take to win the OBA's Health Law Award? Great mentoring, hard work and an excellent team around you.

A recent Court of Appeal decision addresses whether unborn children can make a wrongful life claim.

In our third installment of 9 Questions Between Generations we asked Erica Baron and Bonnie Greenaway from McCarthy Tétrault LLP about their experiences in Health Law.

The legal issues affecting health professionals since the onset of the COVID-19 pandemic have continued to evolve with society’s response to COVID-19. The recent rollout of vaccinations brought unprecedented challenges for health professionals struggling to navigate this new legal landscape. In November, the OBA’s Health Law Section presented a program which addressed some of the most current issues facing both health law lawyers and regulated health professionals.