Barbara Walker-Renshaw  

Barbara Walker-Renshaw practices healthcare law generally with a specialty focus on mental health law, including advocacy before the Ontario Review Board, the Consent and Capacity Board, in medical malpractice litigation, Coroners' Inquests and Commissions of Inquiry. She has appeared at all levels of Court in Ontario, including the Court of Appeal. Barbara provides general counsel advice on mental health law issues for specialty psychiatric facilities, acute care hospitals and community hospitals. She also has experience with clinical trial agreements, Research Ethics Boards, hospital and medical staff bylaws, including physician privileges, and privacy of health information. She is a partner in the Health Law Group at the Toronto office of Borden Ladner Gervais LLP.

Barbara completed her articles by serving as a law clerk to the Hon. Madam Justice Louise Arbour at the Supreme Court of Canada (1999-2000). Prior to attending law school, Barbara worked in corporate communications and more recently, in the not-for-profit sector, where she was involved in the delivery of social service programs to women disadvantaged by poverty, sexual assault and domestic violence.

• Representing forensic psychiatric facilities before the Ontario Review Board and on appeals of those decisions at the Court of Appeal.
• Representing healthcare providers before the Consent and Capacity Board and on appeals of those decisions, including reviews of findings of incapacity, involuntary and informal admissions, substitute decision-making, Community Treatment Orders and admissions to long-term care facilities.
• Defending hospital and hospital staff in civil litigation at all levels of court in Ontario, including allegations of Charter of Rights violations.
• Representing an intervenor in the Starson v. Swayze appeal before the Supreme Court of Canada.
• Representing healthcare professionals before College Complaints Committees and the Health Professions Appeal and Review Board.
• Representing hospital clients, non-profit corporations and healthcare professionals before Coroner's Inquests and public inquiries.
• Providing general advice to hospitals on hospital protocols and policies dealing with a wide variety of medico-legal and governance issues.

• Author, "Assessing Capacity to Consent to Sexual Activity: Legal Considerations," Journal of Ethics in Mental Health, 2012, vol. 7, Special Supplement: Sexual Behaviours.
• Speaker, "Suicide:  A Clinical and Legal Discourse," HIROC Webinar, November 2012.
• Speaker, "Mental Health and the Law," Ontario Hospital Association webcast, November 2012.
• Author, A Practical Guide to Mental Health and the Law in Ontario, 2^nd edition, an Ontario Hospital Association Knowledge Centre Toolkit (#325), 2012 (with Katharine Byrick).
• Author, "Mental Health Law," Ch. 7, Canadian Health Law Practice Manual, LexisNexis Canada, 2012.
• Speaker, "Current Legal, Administrative and Ethical Issues in Forensic Practice," Canadian Academy of Psychiatry and the Law Conference, March 2012 (with Dr. Phil Klassen and Ms. Rosanna Macri, Bio-ethicist).
• Speaker, "Evidence before the Ontario Review Board and the Consent and Capacity Board: Guidelines for Potential Witnesses," Forensic Seminar Series, Academic Health Sciences Centre, January 2012.
• Speaker, "Intimate Relations between patients: Policy, Legal and Risk Issues," Grand Rounds presentation, Academic Health Sciences Centre, November 2011.
• Speaker, "Suicide: Risk, Legal and Policy Issues in Ontario Hospitals," Patient Safety in Mental Health Conference: Shining a Light on Suicide, September 2011.
• Panel Moderator, "Implications of R. v. Conway (SCC) for hospital counsel appearing before the Ontario Review Board," Academic Health Sciences Centre, October 2010.
• Author, "Legislative Changes Impacting Mental Health and Addiction Services: An Update," Ontario Hospital Association, September 2010 (with Katharine Byrick).
• Speaker, "Clinical and legal issues in assessing Consent and Capacity and their impact on evidence before the Consent and Capacity Board," Academic Health Sciences Centre, May 2010 (with Dr. Michael Colleton).
• Speaker, "Mental Health Law in Clinical Practice", Grand Rounds presentation, GTA Hospital, March 2010.
• Speaker, "Consent in Special Contexts: End of Life Decision Making, Human Reproduction and Clinical Trials," Osgoode Certificate in Health Law, March 2010
• Author, "Coroners Act Being Amended to Add Oversight and Accountability," Health Law in Canada, 2009, 30(1): 23-24 (with Tanya Goldberg).
• Author, "Restraint to Facilitate Treatment: Is it Compatible with Least Restraint Principles?" Journal of Ethics in Mental Health, 2009, 4(1).
  (http://www.jemh.ca/issues/v4n1/documents/JEMH_Vol4_No1_Benchmark_Restraint_to_Facilitate_Treatment_Apr09.pdf)
• Speaker, "Recovery of Damages for Mental Distress: Mustapha v. Culligan of Canada Ltd.," Ontario Bar Association forum "Critical Issues in Health Law: Case Law and Legislation Update," April 2009.
• Speaker, "Collection and Disclosure of Personal Health Information in the Mental Health Care Context," Presentation at the "Managing Legal Risks and Responsibilities in Mental Health Care," The Canadian Institute Conference, April 2009.
• Guest Lecturer, "A Cross Canada Review of Community Treatment Orders for Psychiatric Illness," Dalhousie Law School's Health Law Institute's Seminar Series on Health Law and Policy, November 2008.
• Speaker, "General Principles of Consent to Treatment: A Refresher on Capacity Law," Ontario Hospital Association Conference on Consent Issues in Health Care, May 2008.
• Speaker, "Research Ethics Boards and the Internet: A discussion of privacy and accountability issues," Academic Health Sciences Centre, February 2008.
• Speaker, "Current Issues in Law and Procedure before the Ontario Review Board" and "Consent to Treatment: A Refresher on Capacity Law, Mental Health Law Conference, October 2007.
• Speaker, "The Ontario Review Board: An Overview," Presentation, September 2007.
• Speaker, "Privacy Law: An Overview in the Health care sector," Presentation to non-profit health care related charity, September 2007.
• Author, "Case Comment: B.(C.) v. Sawadsky et al.," Risk Management in Canadian Health Care, June 2007; a case comment on a recent court decision considering a Form 1 detention under Ontario's Mental Health Act.
• Instructor, Ontario Hospital Association Course on Principles and Applications of Health Law, four modules on "Preparing to Give Evidence," "Coroner's Inquests: An Overview," "Communicating with the Police" and "Privacy of Personal Health Information in the Mental Healthcare Context," presented to staff at forensic psychiatric facility, May 2007.
• Speaker, "The 2003 SARS Outbreak: Lessons for Pandemic Planning," Defense Research Institute's Medical Liability and Health Law Conference, March 2007.
• Speaker, "Patient Restraint in Emergent Situations," presentation to academic health sciences centre staff, January 2007.
• Speaker, "The Ontario Review Board: Recent Developments in the Case Law," Presentation to medical and Hospital staff at a forensic psychiatric facility, November 2006.
• Speaker, "Mandatory Blood Testing: An Overview of Canadian Legislation," First Canadian Conference on The Public's Health and the Law, November 2006.
• Speaker, "Risk Management During a Pandemic: Looking Back to Plan Ahead," March 9, 2006.
• Speaker, "Consent and Capacity Law," Ontario Hospital Association's Health Law Essentials Course, October 2005.
• Speaker, "Coroners' Inquests: What to expect and How to prepare," Ontario Hospital Association's Health Law Essentials Course, October 2005.
• Speaker, "The Health Care Provider's Response to Woman and Child Abuse: Legal Issues," Women's Health Challenge Conference, St. Joseph's Health Centre, September 2005.
• Author/Speaker, "Managing Legal Vulnerabilities Arising from Adverse Drug Outcomes," The Canadian Institute's Drug Safety Summit, June 2005 (with John J. Morris).
• Speaker, "Consent to Treatment in Psychiatric Facilities," Ontario Hospital Association's Mental Health Law Conference, February 2005.
• Author, "S.A.R.S.: Risk Management and Medico-Legal Issues," BLG's Health Law Bulletin, April 2003.
• Speaker, "Consent to Treatment: An Overview of the Legal Framework," Ontario Hospital Association, Health Law Essentials Course, April 2003.
• Speaker, "Effective Health Care Governance," Ontario Hospital Association Conference for Health Care Trustees, April 2003.
• Speaker, "Restraints: An Update," Ontario Hospital Association Consent to Treatment Conference, December 2002.
• Speaker, "Effectively Implementing a Community Treatment Order," Canadian Insight Mental Health Law Conference, December 2002.
• Speaker, "Consent to Treatment: An Overview of the Legal Framework," Ontario Hospital Association, Health Law Essentials Course, October 2002.
• Speaker, "Co-operating with the Police and Coroner's Investigations: Special Issues for Mental Health Service Providers," in-service training presentation to Mental Health Program members at client hospital, June 2002.
• Speaker, "Electronic Sharing of Personal Health Information," Ontario Hospital Association Conference: Round 3: Ontario's New Draft Privacy Legislation, May 2002.
• Author, "Co-operating with the Coroner: An Overview," HIROC Risk Management Bulletin, May 2002.
• Author, "Community Treatment Orders: The Standard of Review and the Constitutional Challenge," BLG Health Law Group, Hospital Law Report, October 2001.
• Author/Speaker, "Ontario's New Patient Restraints Minimization Act, 2001: Codifying a Policy of Least Restraint," Ontario Hospital Association Conference, Risk Management: Avoiding Perils and Pitfalls, September 2001.
• Author, "Liability and Shared Psychiatric Care," 2nd Annual Conference on Shared Care sponsored by St. Joseph's Health Care Centre and Ontario's Ministry of Health and Long Term Care, June 2001 (with Arthur Fish).
• Author, "Causation and Fetal Asphyxia: An Update," The Canadian Institute Conference, Reducing the Risk of Obstetric Malpractice, March 2001 (with William D.T. Carter).