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

IPC Releases Guidance on Communicating PHI by Email

  • October 03, 2016
  • Daniel Girlando and John M. McIntyre

​The Fact Sheet sets out a number of requirements that the IPC will expect health information custodians to meet if they decide to use email to communicate personal health information.

Health Law

Exempting Children from Vaccinations: The Immunization School Pupils Act and its Amendment

  • October 03, 2016
  • Rebecca J. R. Hong

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.

Health Law

Exempting Children from Vaccinations: The Immunization School Pupils Act and its Amendment

  • October 03, 2016
  • Rebecca J. R. Hong

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.

Health Law

Stretching the Limits of Statutory Interpretation: The implications of College of Nurses of Ontario v Mark Dumchin on the jurisdiction of regulated health colleges over former members

  • June 24, 2016
  • Yola S. Ventresca, Sarah E. Martens and Natalie Carrothers

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.

Health Law

Medical Malpractice Trial 101: Practical Strategies

  • May 20, 2016
  • Lisa Tan and Carla Whillier

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.

Health Law

Recent PHIPA Orders Address Disclosure of Deceased Person’s Health Information to Family Members

  • March 14, 2016
  • Erin Dobbelsteyn

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.

Health Law

It’s in Our DNA: Bill S-201 and Genetic Discrimination

  • March 14, 2016
  • Kate McNeill-Keller

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.

Health Law

Demystifying Hospital Privileges Disputes: Practice Management Tips

  • February 24, 2016
  • Nadia Marotta and Carla Whillier

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.

Health Law