An Ever-Changing Standard: Care and Hospital Boards of Directors April 10, 2012 Erica Zarcovich Lawyers who advise boards of directors for hospitals and/or who act as directors should be aware of the new standards under the Not-for-Profit Corporations Act (Ontario) (which has not yet been proclaimed into force).
Hospitals and the Freedom of Information and Protection of Privacy Act April 10, 2012 Lise Hendlisz Starting January 1, 2012, hospitals became subject to the Freedom of Information and Protection of Privacy Act (FIPPA). This article highlights some of the key differences between FIPPA’s application to hospitals and other types of institutions.
College of Nurses of Ontario v. Trozzi December 13, 2011 Michelle Gibbs On October 20, 2011, the Divisional Court released an important decision on the extent to which the Human Rights Tribunal has supervisory or residual jurisdiction where another tribunal has already dealt with the substance of a complaint.
Rasouli v. Sunnybrook et al.: When Does Withholding/Withdrawing Life Support Measures Constitute “Treatment” under the Health Care Consent Act? December 13, 2011 Mark Pioro In the Spring 2011 edition of Health Matters, we presented a case commentary on the Superior Court of Justice’s decision in Rasouli v. Sunnybrook (2010 ONSC 1500).
Speaking for the Dead: An Evening with Ontario's Chief Coroner December 13, 2011 Lindsay Kantor The OBA’s Health Law Section recently hosted its first dinner program of the 2011/2012 season, featuring Ontario’s Chief Coroner, Dr. Andrew McCallum. Dr. McCallum engaged his audience with an informative overview of the history and role of the Coroner’s Office in Ontario.
Expert Immunity: Canadian Implications of Jones v. Kaney December 13, 2011 Robert Sheahan, Karine Dion Recently, the United Kingdom Supreme Court abolished the longstanding protection afforded to experts in court proceedings. The decision in Jones v. Kaney will no doubt feature prominently in future cases involving the question of whether expert immunity will continue to be recognized...
Second Wave of Compliance Obligations under the Accessibility for Ontarians with Disabilities Act, 2005 December 13, 2011 Carolyn Johnston Private businesses, not-for-profit organizations and other service providers with at least one employee should be aware of their compliance obligations under the Accessibility for Ontarians with Disabilities Act, beginning on January 1, 2012
PHIPA Order HO-011: Cancer Care Ontario Ordered to Discontinue Practice of Transferring Screening Reports in Paper Format December 13, 2011 Lisa Feldstein Health Information Custodians and Prescribed Persons under PHIPA should be aware of a recent Order of the Information and Privacy Commissioner of Ontario, which criticized Cancer Care Ontario’s compliance with its own privacy policies and procedures...
Landmark Case: The InSite Safe Injection Site (Canada (AG) v. PHS Community Services Society) December 13, 2011 Christian Morey This case comment reviews the Supreme Court of Canada’s September 30, 2011 decision requiring the federal Minister of Health to issue an exemption under the Controlled Drugs and Substances Act to allow a downtown Vancouver safe injection site to remain open in order to protect...