Summary

Health care operators in hospitals, long-term care facilities, retirement homes and other health institutions face an intimidating legal environment.  We understand that your day-to-day operations are increasingly complicated. That is why we are committed to partnering with you to help you provide sustainable, high-quality health care for your patients, residents and clients.

Our Healthcare Law Group is national in scope and is the most comprehensive health law resource in Canada.  No other firm has our depth and breadth of experience in serving health care organizations. Health care providers are the focal point of everything we do.

We act as the legal counsel to over 250 hospitals, health service providers and health sector associations nationally.  Our clients include a wide range of health care providers and care coordinators, including hospitals, long-term care facilities, retirement homes, medical and health associations, regulated health professionals, regulatory colleges, laboratories, pharmacies, medical clinics, private health clinics and emergency centres. Our clients include the Ontario Hospital Association, Local Health Integration Networks (LHIN's) and Community Care Access Centres (CCAC's) in Ontario, des Centres de Santé et de Services Sociaux (CSSS’s) in Quebec, Alberta Health Services, and several Health and Social Services Authorities (HSS’s) in the North West Territories.

The key to our success is teamwork.  We realize it is critical to providing you with the best solutions.  Like a hive, there is constant communication, sharing of experience and collaboration amongst the various lawyers in our healthcare law group.

And while each of our lawyers offers a diverse set of experience, we all work toward the same goal: developing the most practical, effective solutions for our healthcare clients.

Publications

Publications

  • Meghan Payne, "Is Genetics Reshaping the Physician's Duty to Patients — Updates from an Evening with the Medico-Legal Society of Toronto and Dr. Ronald D. Cohn," Health Matters April 2013.
    This article was originally published in Health Matters, the official newsletter of the Ontario Bar Association Health Law Section.
  • Barbara Walker-Renshaw, Canadian Health Law Practice Manual-Chapter on Mental Health Law, Lexis Nexis/Butterworths.
  • Canadian Food and Drug Legislation & Commentary, 2008, 2012, LexisNexis.
  • Canadian Health Law Practice Manual, LexisNexis Butterworths.
  • Glaholt LLP & Borden Ladner Gervais LLP, eds, Review of Construction Law: Recent Developments, Carswell, 2012.
  • Hawkins & Taylor,Quality of Care Information Protection Act Toolkit, 2004, Ontario Hospital Association.
  • Innovation to Commercialization:  A Guide to Protecting Your Intellectual Property, Borden Ladner Gervais LLP, available free of charge at www.blg.com.
  • John J. Morris, Canadian Nurses and the Law, LexisNexis Butterworths.
  • Life Sciences and Chemical Patent Practice in Canada:  A Practical Guide, 3rd Edition, Borden Ladner Gervais LLP, 2011, available free of charge at www.blg.com.
  • Mark Fecenko, IT Procurement by Healthcare Organizations:  Results of a Survey Conducted by HIROC and Borden Ladner Gervais LLP
  • McIsaac et. al., The Law of Privacy in Canada, 2000, Thomson Reuters Canada Limited, (Loose-leaf Service)
  • Michael K. McKelvey, Ontario Consent and Capacity Legislation, Canada Law Book.
  • Michael K. McKelvey, Ontario Health Legislation:  An Annotated Guide, Canada Law Book.
  • Morris & Clarke, Law for Canadian Health Care Administrators – 2nd Edition, LexisNexis Butterworths.
  • Patrick Hawkins, From Law to Practice: Revisiting the Quality of Care Information Protection Act, 2007, Ontario Hospital Association.
  • Roher & Warner, Ontario Employment Standards Act: Quick Reference, Carswell (published annually since 2000).
  • Walker-Renshaw & Byrick, Ontario Hospital Association Toolkit: A Practical Guide to Mental Health and the Law in Ontario, Ontario Hospital Association (OHA), October 2012.

Recent Client Bulletins

Rankings & Recognition

The Healthcare Law Group or its members are recognized in:

  • The Best Lawyers in Canada® 2013.
  • The 2012 Canadian Legal Lexpert® Directory.

Representative Work

  • Acted in the leading cases of Steep v. Kingston General Hospital and Hospital for Sick Children v. Leone, in which the court recognized the importance of quality assurance principles applying to documentation generated in the course of quality assurance initiatives at hospitals.
  • Advised on province-wide information technology initiatives involving more than 100 hospitals with regards to critical care, emergency department, surgical efficiency, and eMPI, WTIS and PACS services.
  • Manages patent portfolios for therapeutic and nutritional technologies generated at a major research-based Toronto hospital. We work with the hospital’s technology transfer officers to assess patentability, draft and file patent applications and assess freedom-to-operate based on competing technologies.
  • Acted pro bono for an intervener (the Schizophrenia Society of Canada), in its intervention before the Supreme Court of Canada in Starson v. Swayze case, which considered the legal test for capacity to consent to treatment in psychiatric care under Ontario’s Health Care Consent Act.   The Court accepted our unique submissions as to the requisite burden of proof on health practitioners, thereby clarifying an important principle of law in a direction favourable to healthcare providers and families.
  • Acted as counsel for the successful hospital in the leading Canadian case defining the relationship between the public hospital and an independent practitioner with privileges - Yepremian v. Scarborough General Hospital, (1980) 110 D.L.R. (3rd) 513 (Ont. C.A.).
  • Advised on responding to adverse events and unexpected outcomes, including investigations and disclosure to patients, residents or family members.
  • Represented the Ontario Hospital Association at the Daniel/Dupont Inquest (Windsor, Ontario) and helped ensure a systemic hospital management perspective was brought to the inquest.
  • Provided project advice to health care facilities, and project lenders in respect of the financing of major capital projects; an example is The Hospital for Sick Kids Research and Learning Tower.
  • Lakeridge Health Corporation and OPSEU (Koscik Arbitration). Labour arbitration before Arbitrator Carrier. Decision issued March 12, 2012. We successfully represented Lakeridge Health Corporation in upholding the discharge of an employee for time theft
  • Regularly advise retirement communities and long-term care facilities on the following matters, among others:
    • statutory compliance
    • accreditation regulations and guidelines
    • complaints process and mandatory reporting obligations
    • acts that can only be performed by certain categories of health care professionals (“controlled acts”)
    • health and safety risks
    • issues pertaining to leases / tenancies
    • privacy issues such as access to a resident’s file by family members
    • advertising and promotions