Striking a Jury Notice in Malpractice Actions

Striking a Jury Notice in Malpractice Actions

by Victoria Tremblett November 30, 2022 4 min read

A party may choose a jury trial by delivering a Jury Notice. The opposing party may move to strike the notice if it is not delivered in time or if a jury is inappropriate.
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Out with Fax Machines – The Shift to Digital Healthcare

Out with Fax Machines – The Shift to Digital Healthcare

by Mina Karabit November 24, 2022 3 min read

Healthcare organizations and providers need to adopt modern and secure methods to communicate and transmit sensitive personal data.

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Pay Equity for Midwives

Pay Equity for Midwives

by Victoria Tremblett November 17, 2022 4 min read

Litigation between the Association of Ontario Midwives and the Ministry of Health re gender discrimination and pay equity has finally come to a close.

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What Health Care Providers need to Know about Rowan’s Law

What Health Care Providers need to Know about Rowan’s Law

by Mina Karabit October 31, 2022 2 min read

Rowan’s Law (Concussion Safety), 2018  sets out requirements in Ontario for physician or Nurse Practitioner clearance before a return to play after concussion.
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Ignoring Red Flags can Lead to Professional Misconduct

Ignoring Red Flags can Lead to Professional Misconduct

by Mina Karabit October 24, 2022 3 min read

A health care professional can commit acts of professional misconduct if they “ought to have known” better.
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Limitation Period in Actions for Medical Malpractice: Discovery of the Claim vs. Merits of the Claim

Limitation Period in Actions for Medical Malpractice: Discovery of the Claim vs. Merits of the Claim

by Victoria Tremblett September 08, 2022 4 min read

Discovery of a claim will not be tied to receipt of supportive expert reports where the plaintiff was previously aware of the material facts.
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Deferring to the Most Responsible Physician can Lead to Liability

Deferring to the Most Responsible Physician can Lead to Liability

by Mina Karabit September 02, 2022 3 min read

Even if only involved as a consultant, a physician can be found negligent for deferring to the decisions of the MRP.
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Bad Faith Allegations Against a Regulatory College are Difficult to Prove

Bad Faith Allegations Against a Regulatory College are Difficult to Prove

by Mina Karabit August 20, 2022 4 min read

Without particularized evidence of malice, a civil claim against a regulatory College for bad faith will likely fail.
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Breach of Privacy of Personal Health Information: Stewart v Demme, 2022 ONSC 1790

Breach of Privacy of Personal Health Information: Stewart v Demme, 2022 ONSC 1790

by Victoria Tremblett August 13, 2022 3 min read

An intrusion into privacy will only support a claim for intrusion upon seclusion if the intrusion is such that a reasonable person would regard it as highly offensive. Not every intrusion into personal health information will meet this threshold.
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