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    Protecting Patients Through Public Disclosure of Criminal or Disciplinary Findings Against Regulated Health Professionals
    Protecting Patients Through Public Disclosure of Criminal or Disciplinary Findings Against Regulated Health Professionals

    April 05, 2019

    All Regulated Health Professionals in Ontario Must Now Publicly Disclose Information The Regulated Health Professions Act (“RHPA”) governs all regulated health professions in Ontario by establishing regulatory colleges, which provide oversight and guidance to each profession in service of the...

    Ontario Government Provides Further Details about Health-Sector Transparency Legislation
    Ontario Government Provides Further Details about Health-Sector Transparency Legislation

    February 22, 2018

    With last year's introduction of the Health Sector Payment Transparency Act (HSPTA), which is part of Strengthening Quality and Accountability for Patients Act, 2017, (SQAPA), Ontario became the first province or territory in Canada that requires the medical industry, including...

    Private Testing Offered by Winnipeg Clinic Raises Questions from Health Canada
    Private Testing Offered by Winnipeg Clinic Raises Questions from Health Canada

    January 04, 2018

    Health Canada has flagged concerns with a Winnipeg clinic that is planning to offer elective echocardiograms (i.e. ECG’s/ heart ultrasounds) for $650. Manitoba’s health authorities had previously approved the plan. The Services Offered The clinic in question first opened over...

    Does Ontario's Regulatory Framework Apply to Extra-Provincial Online Health Retailers?
    Does Ontario's Regulatory Framework Apply to Extra-Provincial Online Health Retailers?

    April 17, 2019

    The various Ontario health professions and their members are licensed to practice by the province. Each such profession is self-governing through their respective colleges. The colleges are both authorized and regulated by the Regulated Health Professions Act (RHPA) and their...

    Man Sues Health Care Providers for Failing to Provide Him with Assisted Life
    Man Sues Health Care Providers for Failing to Provide Him with Assisted Life

    March 19, 2018

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    Report Reveals Critical Information about Access to Mental Health and Addiction Treatment Across Canada
    Report Reveals Critical Information about Access to Mental Health and Addiction Treatment Across Canada

    August 31, 2017

    A recently issued report has provided a rare opportunity for health care providers and policy drafters to directly compare mental illness and treatment statistics across various parts of the country. The report revealed striking differences in access to mental health...

    Sexual Abuse in Criminal, Civil, and Regulatory Contexts: What Health Professionals Need to Know
    Sexual Abuse in Criminal, Civil, and Regulatory Contexts: What Health Professionals Need to Know

    July 12, 2017

    There is a range of meaning to the term “sexual abuse” or “sexual assault” in law, depending whether the context is criminal, civil, or regulatory. Criminal: A patient can consent, at law. In the criminal context, the offence of sexual...

    Court of Appeal on Admissibility of Expert Evidence
    Court of Appeal on Admissibility of Expert Evidence

    October 13, 2017

    In a recent decision, the Court of Appeal revisited the issue of admissibility of expert evidence, and emphasized the importance of an expert witness being independent, rather than acting as a “hired gun”. What Happened? The decision involved a car...

    CPSO Releases Draft Policies on Continuity of Care
    CPSO Releases Draft Policies on Continuity of Care

    June 20, 2018

    The College of Physicians and Surgeons of Ontario (CPSO) has released a set of draft policies about Continuity of Care. The draft policies recognize that continuity of care is an essential component of patient-centered care. Potential breakdowns in this continuity...

    Court of Appeal Expected to Issue Decision on Appropriate Penalty for a Physician Who Groped Patients
    Court of Appeal Expected to Issue Decision on Appropriate Penalty for a Physician Who Groped Patients

    November 29, 2017

    For more than a year, the College of Physicians and Surgeons of Ontario (“CPSO” or “College”) has been attempting to revoke the license of a doctor who engaged in what a court previously referred to as one of “… the...

    Cystic Fibrosis Patients Launch Class Action Lawsuit for Coverage of $250,000 Drug
    Cystic Fibrosis Patients Launch Class Action Lawsuit for Coverage of $250,000 Drug

    July 26, 2018

    A class action lawsuit filed by a group of patients in British Columbia against the federal minister of health alleges that the government’s decision not to cover the costs of a cystic fibrosis (CF) drug violates the Charter of Rights...

    The Canadian Medical Association on Legalized Marijuana
    The Canadian Medical Association on Legalized Marijuana

    January 26, 2018

    In the lead-up to this summer’s legalization of marijuana, many medical organizations have been revisiting their respective positions regarding the change. The Canadian Medical Association (CMA) has been a proponent of a multi-faceted public health strategy with respect to marijuana,...

    CPSO Focuses on Cyberbullying in the Medical Profession
    CPSO Focuses on Cyberbullying in the Medical Profession

    December 04, 2017

    The College of Physicians and Surgeons of Ontario (CPSO) has recently sanctioned six physicians for cyberbullying. Three additional physicians are set to have disciplinary hearings into alleged “professional misconduct” related to online behavior, and investigations into an additional two physicians...

    Ontario’s 2018 Budget: Heavy Focus on Hospitals and Seniors
    Ontario’s 2018 Budget: Heavy Focus on Hospitals and Seniors

    March 29, 2018

    Ontario’s 2018 budget was presented to the Ontario Legislature by Finance Minister Charles Sousa yesterday, March 28. This is the last provincial Liberal budget before June’s pending election. Health is a major focus of the budget, with healthcare spending to...

    Standard of Care is an Obligation of Means, Not of Result
    Standard of Care is an Obligation of Means, Not of Result

    December 13, 2019

    Health Professionals are subject to negligence claims in everyday practice. Negligence, however, deals with inadvertent behaviour, meaning some act or omission that occurred resulted in the plaintiff’s injury or damages. Therefore, although the intended goal of any treatment or procedure...

    Ontario Court Rules on Registration Requirement for Registered Nurses
    Ontario Court Rules on Registration Requirement for Registered Nurses

    April 24, 2018

    A registered nurse (RN) appealed a decision of the Health Professions Appeal and Review Board (HPARB or the Board) which had refused to annul the nurse’s first unsuccessful writing of the Canadian Registered Nurse Examination (CRNE). Since the RN had...

    When a Disciplinary Decision is Based on False Information
    When a Disciplinary Decision is Based on False Information

    January 17, 2020

    The Health Professions Appeal and Review Board (HPARB) returned a matter to the Inquiries, Complaints and Reports Committee (ICR) of the College of Physicians and Surgeons of Ontario (CPSO), directing the ICR to reconsider its decision and issue a further...

    Complaints and Conditions of Practice
    Complaints and Conditions of Practice

    September 13, 2018

    The College of Physicians and Surgeons of Ontario (CPSO) receives and investigates complaints from patients about the conduct of physicians. The Inquiry, Complaints and Reports Committee (ICRC) may make an interim order, following a complaint, imposing conditions on the practice...

    A History of Limitations of Actions Against Hospitals and Their Employees
    A History of Limitations of Actions Against Hospitals and Their Employees

    March 28, 2019

    We recently reviewed limitation periods being extended through the concept of discoverability in a blog post entitled Limitation Periods and Discoverability. Discoverability is a method used by plaintiffs to extend a fixed limitation period which has otherwise expired. It is...

    The Powers of a Discipline Committee
    The Powers of a Discipline Committee

    June 27, 2019

    Introduction Subsection 51(2) of the Health Professions Procedural Code which forms Schedule 2 of the Regulated Health Professions Act (RHPA) reads as follows: If a panel finds a member has committed an act of professional misconduct, it may make an...

    Lobbyists Push for Change in Provincial Policy on Children’s Medical Records
    Lobbyists Push for Change in Provincial Policy on Children’s Medical Records

    July 31, 2017

    An organization focused on patients with congenital heart defects has been lobbying Ontario’s Minister of Health to change the province’s current policy regarding health records of children. The group wants records to be kept indefinitely, rather than being potentially destroyed...

    The Sufficiency of Judicial Reasons
    The Sufficiency of Judicial Reasons

    September 13, 2019

    Introduction After a litigation loss, the usual client question that follows is “can we appeal?” No one involved in a court battle wants, or likes, to lose. When they do they have a natural need to know why. The "why"...

    Informed Consent and Standard of Care
    Informed Consent and Standard of Care

    December 20, 2018

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    The New Patient Declaration of Values for Ontario
    The New Patient Declaration of Values for Ontario

    June 12, 2019

    Introduction The relatively new government in Ontario, through the Ministry of Health and Long Term Care, has released the province's new Patient Declaration of Values. The document was prepared for the Ministry by the Minister’s Patient and Family Advisory Council...

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