Articles 2021

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.

Bill S-201: An Act to prohibit and prevent genetic discrimination was referred to the Senate’s Human Rights Committee following Second Reading on January 27, 2016, and seeks to prohibit the requirement of genetic testing and the disclosure of genetic testing in a number of circumstances.

The Ontario Superior Court of Justice has released a Practice Advisory on applications for judicial authorization of physician assisted death. This article provides a brief summary of the key elements of the Practice Advisory.

The OBA Health Law section kicked off the year with a dinner program aimed at helping lawyers to navigate disputes regarding hospital privileges. The panel discussed strategic and practice-related issues, as well as recent changes to the Public Hospitals Act.

The Ontario Government recently released a report regarding the governance structure of primary care in the province entitled Patient Care Groups: A new model of population based primary health care for Ontario and authored by Dr. David Price and Elizabeth Baker (Price-Baker Report). The release of the report has raised speculation that the Ministry may act in the near future.

Following a very successful program at the OBA Institute 2015, the Health Law Section will be hosting another program at the upcoming OBA Institute on February 4th, 2016 from 9:00 am to 12:00 pm. Please save the date!