Articles

With the release of its December 5, 2011 decision in Combined Air Mechanical Services Inc. v. Flesch, the Court of Appeal for Ontario has taken a fresh approach to summary judgment motions in Ontario.Learn more about the “full appreciation” test articulated by the Court of Appeal.

Health care practitioners are becoming the new targets of identity theft in the auto insurance claims sector. Please read on to learn more about the risks of identity theft and what your health practitioner clients can do to protect themselves.

Regulatory bodies have been using ADR as an alternative to discipline hearings for more than ten years; its popularity for health professions has swung from exuberance to scepticism and cynicism, and back again, all within the span of a decade. So what has changed, and why is ADR back in vogue?

On September 28, 2011, the Ontario Divisional Court released its decision in Rudinskas v. The College of Physicians and Surgeons of Ontario, clarifying the role of independent legal counsel in professional discipline proceedings.

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).

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.

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. 

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).

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.

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...