Articles

This article reviews Ontario’s Not-for-Profit Corporations Act. This legislation affects all not-for-profit organizations, including those in Ontario’s health care sector.

Legal issues surrounding capacity to consent to treatment and substitute consent often arise in the course of treating adolescents with anorexia nervosa.

This article provides a summary of Khan v. The Scarborough Hospital and its application to hospital administration. In its decision, HPARB confirms the hospital’s authority to govern disruptive physician conduct.

The Ontario College of Psychologists recently decided that a psychologist conducting online podcasts was guilty of professional misconduct for providing generalized advice about disassociating with one’s family.

R. v. Kobzar is an important forensic mental health law decision, impacting individuals found Not Criminally Responsible of crimes which they committed. The Ontario Court of Appeal held that an accused’s absolute discharge should not automatically be suspended in the event of an appeal.

A brief overview of two cases where complaints were made against physicians. In both cases, expert opinions had been obtained by the ICRC and were not disclosed to the physicians in advance. Both decisions were appealed to HPARB and had opposite outcomes.

On September 28, 2011, the Ontario Divisional Court released its decision in Rudinskas v. The College of Physicians and Surgeons of Ontario, clarifying the role of independent legal counsel in professional discipline proceedings.

As a proud participant in the 27th Annual OBA Institute, the Health Law Section’s Executive recently kicked off another year with its much-anticipated program on Ontario’s health law tribunals from the perspective of the decision-makers.

With the release of its December 5, 2011 decision in Combined Air Mechanical Services Inc. v. Flesch, the Court of Appeal for Ontario has taken a fresh approach to summary judgment motions in Ontario.Learn more about the “full appreciation” test articulated by the Court of Appeal.

Health care practitioners are becoming the new targets of identity theft in the auto insurance claims sector. Please read on to learn more about the risks of identity theft and what your health practitioner clients can do to protect themselves.