Articles 2020


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

  • 28 avril 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.

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photo of author Mina Karabit

Reducing Barriers for US-trained Physicians to Practice in Ontario

  • 28 avril 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.

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Photo of author Lindsay Carbonero

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

  • 10 janvier 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.

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photo of author Sarah Virani

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

  • 16 décembre 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.

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Private Health Care in Canada is Back in the News

  • 19 octobre 2022
  • Janet Ozembloski, Anna Marrison, Heather Webster, Holly Ryan

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.

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9 Questions Between Generations

  • 04 mars 2022
  • Jennifer O'Dell

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.

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In Case You Missed It: Top Legal Pandemic Issues for Health Care Providers for the Fall of 2021

  • 05 janvier 2022
  • Nicole Fielding - Koziebrocki 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.

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