Articles 2023

A Synopsis of the CBA Health Law Summit 2019.

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.

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.

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.

This write-up of the recent program jointly organized by the OBA Health Law Section and Trusts and Estates Section gives an overview of the content of the program, details about the speakers and provides the key takeaways.

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.