Articles 2020

Health-care workers in long-term care (LTC) and retirement homes may be required by their employers to undergo COVID-19 testing. This was the decision of arbitrator Dana Randall in Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes, 2020 CanLII 100531 (ON LA). This article summarizes key points of the arbitral decision.

This article is a recap of the November 17 PD event of the OBA Health Law Section: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times. The program addressed how the arrival of COVID-19 in Ontario has affected access to health information, patient privacy in the new virtual age, and the application of PHIPA to consumer electronic service providers.

Earlier this month, Ontario’s Patient Ombudsman released a special report, Honouring the voices and experiences of Long-Term Care Home residents, caregivers and staff during the first wave of COVID-19 in Ontario (the "Report"), calling for major changes to prevent further tragedies in the Province's Long-Term Care sector during the second wave of the COVID-19 pandemic.  

The COVID-19 pandemic significantly impacted the regulation of health professionals in Ontario. On October 7, 2020 the OBA’s Health Law Section hosted a timely webinar where we heard from both the regulators and the defence counsels’ perspectives. This article discusses some of the highlights and take-away points of the program.

The resulting effect of Bill 138, the Plan to Build Ontario Together Act, on the province’s healthcare regime has already been interpreted by the Ontario Superior Court in a recent decision, shedding light on the practical implications of some of these amendments and how they may impact ongoing disputes related to a physician’s billings. The case of 1582235 Ontario Limited v Ontario, 2020 ONSC 1279, addresses issues on the current OHIP billing process.

On March 26, 2020, the Health Law and Elder Law Sections of the OBA hosted a joint priority professional development program on emergency management, delivering virtual and in-person care, and the lessons learned from SARS. Carina Lentsch provides a summary of this program.

On April 1, the Privacy and Access to Information Law Section hosted a webinar to discuss exceptions to the consent requirements for handling personal information and personal health information in the midst of the COVID-19 pandemic.