Articles

About Articles The following articles are published by the Health Law Section of the Ontario Bar Association. Members are encouraged to submit articles. 

Editor: Rozmin Mediratta

Today
Today
photo of author Sarah Virani

How Much is Enough: Meeting the threshold for the tort of intrusion upon seclusion

  • December 16, 2022
  • Sarah Virani

The Ontario Divisional Court's decision in Stewart v Demme, 2022 ONSC 1790, a class action case against William Osler Health System and one of its ex-nurses (Demme), discusses the tort of intrusion upon seclusion in the context of a privacy breach. The intrusion under review here, namely, accessing health information in order to misappropriate opioids and support Ms. Demme's addiction, was not so offensive or significant as to cry out for a remedy.

Health Law, Student Forum

Private Health Care in Canada is Back in the News

  • October 19, 2022
  • Janet Ozembloski, Anna Marrison, Heather Webster, Holly Ryan

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.

Health Law, Student Forum

9 Questions Between Generations

  • March 04, 2022
  • Jennifer O'Dell

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.

Women Lawyers Forum, Health Law, Student Forum

In Case You Missed It: Top Legal Pandemic Issues for Health Care Providers for the Fall of 2021

  • January 05, 2022
  • Nicole Fielding - Koziebrocki 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.

Health Law, Student Forum

9 Questions Between Generations

  • January 05, 2022
  • Jennifer O'Dell

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.

Health Law, Student Forum

9 Questions Between Generations

  • October 23, 2021
  • Jennifer O'Dell

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.

Health Law, Student Forum
Jaime Cardy

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum