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Top Five Legal Tips for the Health and Wellness Industry

  • April 30, 2019
  • Christine Laviolette, senior associate, and Lydia Wakulowsky, partner, Borden Ladner Gervais (BLG) LLP

Lawsuits involving the health and wellness industry happen, though they are not often the subject of reported decisions in Canada. It is crucial for regulated health professionals, non-regulated consultants, spa and medi-spa owners and operators in the industry to be wary of potential risks, which may leave them vulnerable to liability and negative publicity. This article examines five of Christine Laviolette and Lydia Wakulowsky's top risk management tips based on their experience in this area.

Health Law, Student Forum

The Court of Appeal Clarifies the Scope of Participating Expert Evidence

  • April 24, 2019
  • Ashley Goren-Gibson, B.A., J.D., LLM.

This article is an analysis of the Court of Appeal decision in Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888 (“Imeson”). In Imeson, the Court of Appeal emphasized the importance of the judicial gatekeeping role for expert witnesses and clarified the boundaries of proffering “participant expert” evidence at trial.

Health Law, Student Forum
Searching for Professionals on Google

Searching for Professionals on Google

  • March 04, 2019
  • Natasha Danson, associate, Steinecke, Maciura LeBlanc

This article examines transparency in action, by reference to the search results for 26 Ontario healthcare regulators, looking at different categories of professional conduct information: what was accessible to the public through a Google search, and what was not.

Health Law, Student Forum
Dead or Alive: A discussion of the constitutionality of brain death

Dead or Alive: A discussion of the constitutionality of brain death

  • March 04, 2019
  • Louis Winston, JD, BHSc., lawyer in professional regulation, Ontario

This article discusses the constitutionality of brain death through an examination of two recent Ontario court decisions: McKitty v. Hayani, 2018 ONSC 4015 and Ouanounou v Humber River Hospital et. al, 2018 ONSC 6511.

Health Law, Student Forum

Impaired Driving and Bodily Fluid Samples: What Hospitals and Healthcare Providers Should Know

  • December 12, 2018
  • Anna Marrison, Kate Deakon and Lucas Kilravey, Borden Ladner Gervais LLP.

This article considers the involvement of healthcare professionals in the collection of blood samples from drivers suspected by law enforcement of impaired driving. In light of legalization, and related changes to the Criminal Code, this article provides a timely overview of a hot topic that continues to develop, while touching on the issues healthcare professionals who find themselves in this situation should be alert to.

Health Law, Student Forum
Fairness or Flaw: Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases

Fairness or Flaw: Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases

  • December 05, 2018
  • Scott Robinson, associate, National Litigation Group, McCarthy Tetrault

On October 25, 2018, Perell J. of the Ontario Superior Court of Justice released a decision in Broutzas v. Rouge Valley Health System, 2018 ONSC 6317. Broutzas raises some important considerations for the health law field pertaining to medical records and privacy under the Ontario Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A (“PHIPA”). This article examines these and other issues.

Health Law, Student Forum

Stirrett v Cheema et al: Ontario Court Explores Fiduciary Duty in Research-Participant Relationship

  • October 22, 2018
  • Nida Sohani

A recent decision from the Ontario Superior Court of Justice examines when a researcher-participant relationship in the context of human studies will give rise to fiduciary obligations. In Stirrett v Cheema et al, 2018 ONSC 2595, a plaintiff successfully recovered damages from a defendant physician on the basis that the doctor breached his fiduciary duty to the plaintiff’s deceased spouse who was a participant in the doctor’s study.

Health Law, Student Forum

15 Questions in 5 Minutes: Our Newsletter Editor sits down with a well-known health lawyer

  • October 10, 2018
  • Esther Nwator, OBA Health Law Section Executive, newsletter editor

This 'rapid fire' Q&A session with Lad Kucis is intended to give a brief insight into the career journey of a well-known Bay Street health lawyer. Primarily targeted at law students considering a career in health law, the piece offers a three-dimensional perspective of this lawyer's experiences of the practice area, and his advice for new lawyers.

Health Law, Student Forum