Articles 2023

Cambie Surgeries Corporation v British Columbia (Attorney General), 2022 BCCA 245 has brought the perennial subject of private health care once again to the fore. Though some patients may be deprived of the right to life and security of the person, allowing for private care would increase wait times even further for those who cannot access private care.

What are the privacy considerations involved in ordering a medical examination under s.105 of the Courts of Justice Act, when that medical examination requires genetic testing?

What does it take to win the OBA's Health Law Award? Great mentoring, hard work and an excellent team around you.

A recent Court of Appeal decision addresses whether unborn children can make a wrongful life claim.

In our third installment of 9 Questions Between Generations we asked Erica Baron and Bonnie Greenaway from McCarthy Tétrault LLP about their experiences in Health Law.

The legal issues affecting health professionals since the onset of the COVID-19 pandemic have continued to evolve with society’s response to COVID-19. The recent rollout of vaccinations brought unprecedented challenges for health professionals struggling to navigate this new legal landscape. In November, the OBA’s Health Law Section presented a program which addressed some of the most current issues facing both health law lawyers and regulated health professionals.

In our second installment, we asked Lonny Rosen and Joshua Lerner the same nine questions and recorded their responses. Lonny is an experienced health law advocate and founding partner of Rosen Sunshine LLP, while Joshua is a fourth year associate at the firm.

In this series, we ask one seasoned litigator and one litigator just starting out the same questions. We often forget that many of our colleagues are coming from different perspectives when approaching a file, a client, or an intra-office interaction. We hope these questions and answers will help illuminate how lawyers, both senior and junior, navigate the practice of health law.

Virtual care has allowed Canadians more convenient and faster access to health care providers during the COVID-19 pandemic. For health care providers who with to practice virtual care across provinces and territories licensing challenges remain. This article summarizes licensing requirements for physicians practising virtual care across provincial or territorial borders, as well as tips and best practices for regulated health professionals.

On March 17, 2021, the federal government passed Bill C-7: An Act to amend the Criminal Code (medical assistance in dying), which legally expands access to MAID in Canada. This article offers a high-level overview of how we got here and what has changed since Bill C-7 has become the law of the land.