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Physicians & Psychosocial Care

August 30, 2018

Ottawa Public Health (OPH) has released its report on the Status of Mental Health in Canada’s capital as of 2018. The goal was to produce a local surveillance report on the state of mental health across the population of Ottawa....

Becoming an RPN in Ontario: Three Strikes and You're Out

January 29, 2019

In a recent decision, the Health Professions Appeal and Review Board (HPARB) reviewed the situation of a prospective registered practical nurse (RPN) who had become ineligible for registration into the profession after she failed the required Canadian Practical Nurse Registration...

Facing Your Complainant: Having Key Witnesses Testify in Person at College Proceedings

June 26, 2018

Members who have been referred to discipline on the basis of allegations that they deny are typically anxious to have an opportunity to cross-examine the complainant levelling the accusations. What if the College then proposes that the complainant attend by...

Informed Consent & Causation

November 30, 2018

Determining an Appropriate Penalty in Disciplinary Proceedings

November 01, 2019

Canada's Patient Safety Record

November 15, 2019

CPSO Suspends London Area OB-GYN’s License for Two Years

April 09, 2018

The College of Physicians and Surgeons of Ontario (CPSO) recently suspended the license of Dr. Kathy Frank after the Discipline Committee found that Dr. Frank committed an act of professional misconduct by failing to maintain the standard of practice of...

Violence in Hospitals-Purple Armbands and Exclamation Points

November 24, 2018

Health care workers, unfortunately, have to face dealing with violent and abusive patients and visitors. One such incident occurred at the London Health Science Centre (LHSC), Victoria Hospital, adult mental health unit in April of 2017. A male patient with...

Medically Assisted Death Increases in Canada by 30%

June 28, 2018

Claims Filed Against Toronto Area Fertility Clinic Highlight Possible Need for Stricter Regulations

August 08, 2018

A 39-year old single mother and a Toronto couple have filed claims against a fertility clinic in Etobicoke claiming that the facility is responsible for the loss of dozens of eggs and embryos that they had stored there. The lawsuits...

Assisted Human Reproduction

February 15, 2019

Assisted Human Reproduction or Assisted Reproductive Technology ("ART") sounds like the inspiration for a dystopian novel or a Netflix Series. Historically the human body, its parts and products, have not been considered property in law. Each of us has always...

Causation and Informed Consent

March 06, 2020

We have previously written about the concept of informed consent in health law. In that post, we discussed the Supreme Court of Canada’s (SCC) decision in Reibl v. Hughes (1980) which established a hybrid test for causation in informed consent...

Another Visit with the Assisted Human Reproduction Act

June 20, 2019

Introduction A previous blog dealt with this federal legislation arising in a decision of the British Columbia Supreme Court (BCSC). The opening there was as follows: Assisted Human Reproduction or Assisted Reproductive Technology (“ART”) sounds like the inspiration for a...

How Long Does a Patient Have to Make a Malpractice Claim?

February 28, 2019

In Ontario, a malpractice action (a claim) against a health care professional must be commenced pursuant to the Limitations Act before the second anniversary of the day on which the claim was discovered. In other words within two (2) years...

The Goudge Report Pt. 1 - the Physician Complaint Process

May 28, 2019

Introduction Family members and patients who deal with doctors often have concerns about the care they received. Such issues are occasionally dealt with directly by the parties, sometimes through a hospital ombudsman, but most often by a direct written complaint...

Incoming Changes to OHIP Billing Practices

January 24, 2020

The publication in 2019 of the top 100 medical billings in Ontario for the years between 2011-2018 generated a lot of attention and scrutiny of the way medical professionals bill the Ontario Health Insurance Plan (OHIP). Also in 2019, the...

Ontario’s Privacy Commissioner Recommends Increased Transparency Regarding Medically Assisted Dying

July 10, 2017

In June 2016, the federal government passed a bill permitting doctors and nurse practitioners to legally end the lives of terminally ill patients who fulfill certain criteria. Since then, hundreds of Canadians have been able to end their lives with...

Foreign Trained Physicians in Canada: Prodigal Physicians Probation Problems

October 18, 2018

Many Canadian students aspire to become medical doctors. However, they face difficult and demanding admission standards to attend a medical school in Canada. The statistics suggest that only twenty-five (25) percent of Canadian applicants are admitted to a medical program...

Ontario Privacy Commissioner Issues Important Privacy Breach Reporting Guidelines

October 05, 2017

Expunging a Patient’s Medical Records

November 01, 2018

A patient recently sought to have part of his medical chart removed and destroyed. The record in question was an APA or Form 1 created by the responding physician when the patient was admitted to the emergency room of a...

OHA Predicts Overcrowding “Crisis” in Ontario Hospitals

September 13, 2017

The Ontario Hospital Association (OHA), the organization representing hospitals across the province, has noted that emergency department wait times hit record levels in the summer of 2017 and warns that the provincial health-care system is headed for a “crisis” unless...

The Coronavirus in Canada: An Overview

February 06, 2020

The primary health-related story across the globe right now is undoubtedly the coronavirus, the risks it presents and how the threat is being handled. Below, we will provide an overview of what the virus means to both Canadian health practitioners...

Limitation Periods and Discoverability

March 13, 2019

The Ontario Superior Court of Justice ("ONSC") recently dealt with the issue of discoverability relating to three related malpractice actions in Loy-English v. Fournier. The actions had been commenced over time as the plaintiff and her lawyers continued their investigations...

OHIP Billings & Physician’s Privacy

August 15, 2018

A request was made of the Ontario government that they divulge the top 100 physician billers to the Ontario Health Insurance Program (OHIP). The request was for the years 2008 through to 2012. The doctor’s specialities and dollar amounts billed...

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