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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Stethoscope on top of pile of books

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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Frivolous and Vexatious Applications for Judicial Review

Frivolous and Vexatious Applications for Judicial Review

by Victoria Tremblett July 29, 2022 3 min read

Applications for judicial review that fail to meet basic legal requirements may be dismissed pursuant to Rule 2.1 of the Rules of Civil Procedure.
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The Effect of Delay in Professional Discipline Matters

The Effect of Delay in Professional Discipline Matters

by Mina Karabit July 20, 2022 2 min read

Inordinate delays in professional disciplinary matters will only be an abuse of process if there is significant prejudice.
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Considerations for Virtual Care

Considerations for Virtual Care

by Victoria Tremblett July 18, 2022 3 min read

As the COVID pandemic persists, virtual care/telehealth continues to be an important method of health care service delivery in Ontario and throughout Canada. However, given the unique nature of telehealth services, there are several important considerations that health care providers should consider.
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What Pharmacists Need to Know About Incapacity Proceedings

What Pharmacists Need to Know About Incapacity Proceedings

by Mina Karabit July 12, 2022 2 min read

Ontario Pharmacists need to be aware of what happens when the Ontario College of Pharmacists has questions about their capacity to practice pharmacy safely.
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Directions signs for Private and Public

Public Interest Standing: British Columbia (Attorney General) v Council of Canadians with Disabilities

by Valerie Wise June 27, 2022 7 min read

The Supreme Court of Canada re-visits the law of public interest standing in this recent case regarding mental health legislation in BC.
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