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Striking a Jury Notice in Malpractice Actions

November 30, 2022

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.

Ontario’s New “As of Right” Rules for Health Care Professionals Registered in Other Canadian Jurisdictions

January 23, 2023

Ontario is introducing legislation to permit health care professionals registered in other provinces to practice in Ontario immediately.

Consideration of Members’ Charter Rights by the College of a Health Profession

January 13, 2023

In matters of professional regulation, administrative decision-makers must balance the statutory objective with the protection of the member’s Charter rights.

Proposed Legislative Amendments Would Permit PSWs to Administer Medication in Long-Term Care Facilities

March 21, 2023

Proposed amendments would allow specified PSWs to administer medication to residents in long-term care when authorized by a member of the registered staff.

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

August 13, 2022

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.

Considerations for Virtual Care

July 18, 2022

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.

Seeking Early Judicial Review of ICRC Decisions

May 09, 2022

Applications for judicial review of College decisions should only be brought after the conclusion of all administrative proceedings, and after all administrative remedies have been exhausted.

Pay Equity for Midwives

November 17, 2022

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

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

September 08, 2022

Discovery of a claim will not be tied to receipt of supportive expert reports where the plaintiff was previously aware of the material facts.

Changes to the Rules of Civil Procedure

April 21, 2022

Changes to the Rules of Civil Procedure will make it more difficult for parties to adduce expert evidence if expert reports are filed late.

The Jurisdiction of the Consent and Capacity Board to Determine if Consent is Required: Morlani v Haddara, 2021 ONSC 7288

March 25, 2022

The Consent and Capacity Board has jurisdiction under the Health Care Consent Act to consider the scope of “treatment”, which requires “consent”.

Permitted Scope of Non-Party Experts

March 12, 2022

In medical negligence cases, non-party experts involved in treatment of the plaintiff may offer opinion evidence, but within limits.

Proposed Regulatory Changes for Out-Of-Province Regulated Health Professionals

July 13, 2023

Proposed regulatory changes to permit nurses, physician, and medical laboratory technologists registered in another Canadian jurisdiction to practice in Ontario temporarily without registration.

Motions for Security for Costs

May 12, 2023

If a plaintiff does not reside in Ontario or there is good reason to believe has insufficient assets in Ontario, a defendant may move for security for costs.

Appeal Based On Inadequacy of Reasons: Farej V Fellows, 2022 ONCA 254

June 24, 2022

The Court of Appeal ordered a new trial in this recent case of alleged medical negligence, finding that the trial judge’s reasons with respect to both causation and standard of care were inadequate to permit meaningful appellate review.

Mature Minors and COVID-19 Vaccination

May 21, 2022

The Court confirms that youth who understand the information relevant to making a decision about whether to receive the COVID-19 vaccine are capable of providing consent, and do not require parental consent for vaccination.

Procedural Fairness Includes the Opportunity to Respond to all Issues in College Investigations

April 25, 2022

HPARB reinforces that procedural fairness includes the opportunity to respond to all issues in College investigations.

Frivolous and Vexatious Applications for Judicial Review

July 29, 2022

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.

Enhanced Scope of Practice for Nurse Practitioners and Oral Maxillofacial Surgeons

March 08, 2022

Scope of Practice for Nurse Practitioners and Oral Maxillofacial Surgeons in Ontario is expanding effective July 1, 2022.

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Striking a Jury Notice in Malpractice Actions

Ontario’s New “As of Right” Rules for Health Care Professionals Registered in Other Canadian Jurisdictions

Consideration of Members’ Charter Rights by the College of a Health Profession

Proposed Legislative Amendments Would Permit PSWs to Administer Medication in Long-Term Care Facilities

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

Considerations for Virtual Care

Seeking Early Judicial Review of ICRC Decisions

Pay Equity for Midwives

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

Changes to the Rules of Civil Procedure

The Jurisdiction of the Consent and Capacity Board to Determine if Consent is Required: Morlani v Haddara, 2021 ONSC 7288

Permitted Scope of Non-Party Experts

Proposed Regulatory Changes for Out-Of-Province Regulated Health Professionals

Motions for Security for Costs

Appeal Based On Inadequacy of Reasons: Farej V Fellows, 2022 ONCA 254

Mature Minors and COVID-19 Vaccination

Procedural Fairness Includes the Opportunity to Respond to all Issues in College Investigations

Frivolous and Vexatious Applications for Judicial Review

Enhanced Scope of Practice for Nurse Practitioners and Oral Maxillofacial Surgeons