Articles

R. v. Kobzar is an important forensic mental health law decision, impacting individuals found Not Criminally Responsible of crimes which they committed. The Ontario Court of Appeal held that an accused’s absolute discharge should not automatically be suspended in the event of an appeal.

A brief overview of two cases where complaints were made against physicians. In both cases, expert opinions had been obtained by the ICRC and were not disclosed to the physicians in advance. Both decisions were appealed to HPARB and had opposite outcomes.

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.

As a proud participant in the 27th Annual OBA Institute, the Health Law Section’s Executive recently kicked off another year with its much-anticipated program on Ontario’s health law tribunals from the perspective of the decision-makers.

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.