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
Further clarity on meaning of controlled act of psychotherapy

By Lonny Rosen and Elyse Sunshine The controlled act of psychotherapy was proclaimed in force on Dec. 31, 2017. As we discussed in a  blog post  earlier this ... Read more

New continuity of care ‘suite’ of policies open for consultation

By Elyse Sunshine  and  Lonny Rosen All physicians, especially family physicians, should be aware that the College of Physicians and Surgeons of Ontario (the ... Read more

Physician privileges case shows limited jurisdiction of HRTO

A case involving a physician illustrates the limited jurisdiction of the Human Rights Tribunal of Ontario (HRTO) over unfair — but not discriminatory — interference ... Read more

Dentist's case highlights reality that CAS report may trigger complaint

Media coverage of a mother who complained after her child’s dentist reported her to a Children’s Aid Society (CAS) for possible “oral neglect” highlights a ... Read more

Dismissed charges not evidence of misconduct for health professionals

Health professionals with charges before the courts need the assistance of a criminal lawyer, but they should also access the legal services of counsel who handle regulatory ... Read more

Rigid adherence to clinic procedures results in College complaint

By Lonny Rosen  and  Elyse Sunshine   The Health Professions Appeal and Review Board (HPARB) recently confirmed a decision of the Inquiries, Complaints and ... Read more

CPSO publishes new draft policy on closing a medical practice

By Elyse Sunshine  and  Lonny Rosen The College of Physicians and Surgeons of Ontario (CPSO) is currently reviewing and updating its policy,  Practice ... Read more

Review of discipline decision not available where right of appeal exists

By Lonny Rosen  and  Elyse Sunshine   In this blog post, we summarize this case , a recent decision from the Ontario Divisional Court. Although the case ... Read more

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

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