Articles 2020

There have been several recent cases that highlight the perils of unlicensed individuals providing health care services.

The Health Law Executive ended the 2015-2016 term with a special year-end dinner program. Lonny Rosen was presented with the first inaugural OBA Susan Hilary Davidson Memorial Award for Excellence in Health Law. Following the award presentation, the Health Law Section explored the complex issues associated with medical marijuana.

Health care professionals are prohibited from engaging in sexual acts, conduct, or behaviour with their patients. It is professional misconduct to engage in such conduct, which is defined as “sexual abuse” in the governing legislation. The legislation attempts to impose a zero tolerance approach to sexual abuse. Sexual abuse involving certain frank sexual acts results in the mandatory revocation of a regulated health professional’s certificate of registration.

​The Fact Sheet sets out a number of requirements that the IPC will expect health information custodians to meet if they decide to use email to communicate personal health information.

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

The recent decision of the Ontario Divisional Court in Asa et al. v. University Health Network is an important reminder to hospitals that their internal decisions may be subject to review by the courts, and that decision making processes by their committees must be fair and decisions themselves reasonable

The College of Nurses of Ontario v Dumchin decision has significant implications for regulated health professionals engaged in proceedings before the discipline committees of the various regulated health colleges across the province. Dumchin stands for the proposition that a discipline committee has the authority to revoke, suspend, or impose terms, conditions or limitations on a non-existent certificate of registration.

On April 12, 2016, the OBA Health Law Section held a dinner program on key strategies and practical tips for a successful medical malpractice trial. The program moderators were OBA executive members Nadia Marotta and Alexa Turner.

On January 8, 2016, the Information and Privacy Commissioner of Ontario released four new decisions with respect to complaints made under the Personal Health Information Protection Act, 2004 (“PHIPA”): PHIPA Decision 19, 20, 21 and 22 (the “Decisions”). The Decisions, which were issued by Assistant Commissioner Sherry Liang, concern requests by individuals for the personal health information of a deceased family member.