Health

CPSO's comments highlight disciplinary panel independence

While it’s unusual the College of Physicians and Surgeons of Ontario (CPSO) would express “disappointment” about a decision by its disciplinary committee, the regulator’s comments about the case of a physician who sexually abused patients and didn’t lose his licence highlight the independence of the disciplinary committee, Toronto health lawyer Elyse Sunshine says. Read more

Canadian Government Introduces Assisted Dying Law

By Lonny Rosen and Elyse Sunshine . April 14, 2016 marks a historic day as the Canadian government tabled long-awaited legislation in the House of Commons regarding a deeply personal issue for Canadians – medical assistance in dying (“MAID”). As explained by the Minister of Justice and Attorney General of Canada in a press conference this morning, Bill C-14 , An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) , would give dying patients the dignified choice of a peaceful, medically-assisted death. Read more

Medical aid in dying law narrows scope set by SCC

OTTAWA – The federal government has introduced a long-awaited and controversial new law spelling out the conditions in which seriously ill or dying Canadians may seek medical help to end their lives. Read the law here Read more

Health sector privacy officer training offered this spring

Back by popular demand, Toronto health law firm Dykeman Dewhirst O’Brien LLP is offering three days of health sector privacy officer training, featuring 20 hours of intensive instruction from leading legal educators in the field. Read more

Health licensing system is vigorous and strict

A CBC report suggesting Ontario regulators are failing to properly monitor an Ottawa chiropodist should not undermine the public’s confidence in our health licensing system, which is vigorous and strict, says Toronto health lawyer Elyse Sunshine . Read more

Dykeman, Rosen to co-chair Osgoode healthcare privacy program

Toronto health lawyers Mary Jane Dykeman and Lonny Rosen will chair the upcoming 2016 Legal Guide to Privacy and Information Management in Healthcare program, run by Osgoode Professional Development. Read more

Post-offence misconduct can impact disciplinary College penalty

The case of a Guelph psychiatrist who was stripped of his licence to practice after the College of Physicians and Surgeons of Ontario found that he had engaged in the sexual abuse of a patient, highlights how post-offence misconduct behaviour can influence how a regulatory body approaches a penalty for their actions, Toronto health lawyer Lonny Rosen tells AdvocateDaily.com . Read more

Superior Court direction on physician-assisted death applications

By Lonny Rosen and Elyse Sunshine . As we previously reported on our blog, on January 15, 2016 the Supreme Court of Canada (SCC) granted an extension of the suspension of the invalidity of the Criminal Code prohibition against physician assisted death (PAD) until June 6, 2016. At the same time, the SCC carved out an exemption, permitting individuals to apply to a superior court judge for an order that would allow them to access a PAD during the period of extension in accordance with the criteria set out in the decision of Carter v. Canada (Attorney General) , 2015 SCC 5 ( Carter ). Read more

Deal with in-firm disputes calmly before approaching executive

In law firms, sometimes personalities don’t gel — and as it takes a lot of courage for someone to admit they’re in a challenging situation with a colleague, it is essential for senior lawyers to take these issues seriously and provide strategies for dealing with the matter, Toronto health lawyer Elyse Sunshine tells Lawyers Weekly . Read more

Dewhirst to present at Osgoode Certificate in Health Law

Toronto health lawyer Kate Dewhirst will share her expertise in information, privacy and risk management in health care as part of the faculty at this year’s Osgoode Certificate in Health Law, hosted by Osgoode Professional Development, she tells AdvocateDaily.com . Read more

Privacy orders address deceased individuals’ records

By Lonny Rosen and Elyse Sunshine . On January 8, 2016, the Information and Privacy Commissioner of Ontario (IPC) released four new decisions with respect to complaints made under the Personal Health Information Protection Act, 2004 (PHIPA): PHIPA Decision 19 , 20 , 21 and 22 (the Decisions). The Decisions, which were issued by Assistant Commissioner Sherry Liang, concern requests by individuals for the personal health information (PHI) of a deceased family member of the requestor. The Decisions raise important issues, including: the obligations of a health information custodian (HIC) under PHIPA in considering whether or not to disclose PHI about an individual who is deceased; the rights of individuals to complain to the IPC about a HIC’s decision not to disclosure this information; and the role of the IPC in inquiring into such a complaint. Read more

Decision in Ontario's first physician-assisted death case 'not surprising'

TORONTO – An elderly man who won court approval Thursday to have a doctor help him die – likely this weekend – pleaded with the government to change the law permanently to legalize doctor-assisted deaths. Read more

Professionals should highlight seriousness of capacity assessment

Financial advisors and other professionals should be sure to tell their clients’ families that assessing a person’s capacity can carry significant consequences, Toronto health lawyer Lonny Rosen recently told attendees at the OBA Institute 2016 , as reported by Advisor.ca . Read more

Rosen to discuss consent, capacity at Osgoode Certificate in Health Law

Toronto health lawyer Lonny Rosen will share his expertise on consent and capacity issues as he joins the faculty at this year’s Osgoode Certificate in Health Law, hosted by Osgoode Professional Development. Read more

Practice direction to guide man's request for assisted death

The case of a terminally ill Toronto man who has asked a judge for a physician-assisted death provides the first opportunity for Ontario courts to apply the Supreme Court of Canada decision in Carter v. Canada , Toronto health lawyer Lonny Rosen tells AdvocateDaily.com . Read more