Lonny Rosen

Lonny Rosen
Rosen Sunshine LLP

Lonny J. Rosen, a partner with boutique Toronto health law firm Rosen Sunshine LLP, is certified by the Law Society of Ontario as a specialist in health law.

Mr. Rosen’s practice focuses on providing opinions and advice with respect to health-care legislation and policies, and representing clients in a wide range of civil and administrative proceedings. His clients include health-care professionals, administrators of health-care facilities, professional associations and individuals.

He was called to the Ontario Bar in 1998, after earning his Bachelor of Laws from Osgoode Hall Law School in 1996 and a Bachelor of Arts degree from McGill University in 1993.

By Order in Council, Mr. Rosen was appointed to the Consent and Capacity Board, an independent body created by the provincial government that conducts hearings regarding consent, capacity and mental health issues.  In this capacity, he presides over hearings of applications by individuals whose involuntary status in hospital or whose capacity to consent to treatment or admission to a care facility is in issue.

Mr. Rosen regularly represents health professionals in complaint and discipline matters, investigations, audits and peer reviews, hospital privileges disputes and in hearings before various health tribunals. He advises clients on a wide variety of health law issues, including with respect to privacy, the delivery of private health care and other aspects of practice management.

He has served as chair of the health law sections of both the Canadian and Ontario Bar Associations; as program committee chair of the Medico-Legal Society of Toronto, and member of the Board of Directors of The Advocates’ Society and as a Member of the Executive of the CBA Health Law Section.

For six years, Mr. Rosen served as a member of the Hospital for Sick Children’s research ethics board. He is currently a member of the Canadian Hospice Palliative Care Association’s Advance Care Planning Task Group, through which he helps to promote advance care planning in Canada. He is also an active member of the Society for Ontario Adjudicators and Regulators (SOAR) and of the Medico-Legal Society of Toronto.

Mr. Rosen frequently writes and speaks on health law issues, including as a faculty member for Osgoode Professional Development’s Certificate Programs in Health Law and Mental Health Law and as co-director for the Osgoode Certifcate in Professional Regulation and Discipline in the Ontario Health Sector.

Lonny Rosen In The News
Courts wary of ‘ghostwritten’ expert reports

By Elyse Sunshine  and  Lonny Rosen In recent years, there have been a number of court decisions dealing with the role of an expert in litigation. The addition ... Read more

Remedial agreement appropriate where concerns are acknowledged

By Lonny Rosen  and  Elyse Sunshine   This case  involved a complaint about the care provided by a psychiatrist to the applicant’s son over the ... Read more

Complaints process not forum to seek action for failure to pay judgment

By Elyse Sunshine  and  Lonny Rosen A  recent decision  of the Health Professions Appeal and Review Board (HPARB) serves as a reminder that not every type ... Read more

Sexual abuse case a cautionary tale for physicians

An unusual disciplinary case against a physician shows how broadly medical regulators interpret doctor-patient relationships, Toronto health lawyer  Lonny Rosen ... Read more

Physicians’ obligations when transferring a patient’s care

By Lonny Rosen  and  Elyse Sunshine   A recent decision  by the Health Professions Appeal and Review Board (the Board) provides guidance on a ... Read more

Controlled act of psychotherapy restricted after transition period

Practitioners of psychotherapy have just under two years to register with a regulated professional body after the provincial government finally added the practice to its list of ... Read more

Summary judgment motion inappropriate for expert qualification challenge

By Elyse Sunshine  and  Lonny Rosen In a dental malpractice claim , the defence moved for summary judgment after the defendant’s (the dentist) examination ... Read more

“Uninsured Services: Billing and Block Fees Policy” approved by CPSO

By Lonny Rosen  and  Elyse Sunshine   “Uninsured services” are physician services not covered by the Ontario Health Insurance Plan (OHIP). These ... Read more

Written consent and proper record keeping key for veterinarians

By Elyse Sunshine  and  Lonny Rosen A recent case  before the Health Professions Appeal and Review Board (Board), confirming a decision of the Complaints ... Read more

Outcomes illustrate impact of tone, content of responses to complaints

The content and tone of how health professionals respond to any complaint or investigation into their conduct can affect the disposition of the regulator, says Toronto health ... Read more

Health college not appropriate forum to resolve business dispute

By Lonny Rosen  and  Elyse Sunshine   In  a recent case , the Inquiries, Complaints and Reports Committee (Committee) of the Royal College of Dental ... Read more

Review board finds complaints committee decision to be unreasonable

By Elyse Sunshine  and  Lonny Rosen This case  involved the death of a beloved dog and a complaint made by his owners to the College of Veterinarians of ... Read more

Case provides guidance for psychologists

By Lonny Rosen and Elyse Sunshine   A psychologist (Dr. A) was cautioned, provided advice, and was required to complete a Specified Continuing Education and Remediation ... Read more

Nurse punished for Facebook post appealing fine and costs order

By Elyse Sunshine and Lonny Rosen A nurse in Saskatchewan who is facing a $1,000 fine and a $25,000 costs order after using social media to complain about her ... Read more

Medical residents: the need to address regulatory difficulties early

It's critically important for medical residents who find themselves in academic or professional difficulty to address the problem early and head-on, says Toronto health ... Read more

Health privacy, capacity key areas for family lawyers

Health privacy, capacity, regulatory issues and reporting obligations are just some of the health law issues that family lawyers will encounter in their practices, Toronto health ... Read more

Review board: oral caution for problematic advertising unreasonable

By Lonny Rosen  and  Elyse Sunshine In a  case involving a pharmacist , the Health Professions Appeal and Review Board (the Board) recognized important ... Read more

Personal health information breaches: prevention, quick responses key

By Lonny Rosen   & Elyse Sunshine Canada has several laws in place to protect individuals’ private information, including personal health data. When a ... Read more

The controlled act of psychotherapy

By Lonny Rosen   & Elyse Sunshine The controlled act The  Regulated Health Professions Act, 1991   (the RHPA) sets out 14 “controlled ... Read more

New obligations on custodians in event of privacy breach

By Lonny Rosen   & Elyse Sunshine Since the implementation of the  Personal Health Information Protection Act, 2004  (PHIPA) in 2004, Health Information ... Read more

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