Health law is a complicated, increasingly complex area of practice that is constantly changing. Our depth of experience in all areas of health care in Toronto is unique. And it is that depth of experience that has cultivated the unique insights, perspectives and skills that sets us apart.
Profile
We are the leader in civil litigation defence for health practitioners in Ontario and the Yukon.
We defend physicians, surgeons and health specialists in civil litigation matters and have significant experience representing clients in complex medical malpractice cases before all levels of Court in Ontario.
We have been counsel on the leading cases addressing the standards of medical care, consent, medical malpractice, limitation defence, and liability for medical products.
We advise clients in professional regulation matters touching on issues of ethics, professionalism, regulation, privileges, policy advice, general representation in investigations including workplace, privacy and confidentiality, employment, fraud, malfeasance, and quasi-criminal matters related to practice of medicine.
We have acted as counsel for most types of professionals, including doctors, dentists, psychologists, occupational therapist, physiotherapists, engineers and nurses.
We advocate for our clients in hearings before the College of Physicians and Surgeons of Ontario, Provincial Health Authorities, the Medical Services Commission, the College of Dental Surgeons, hospital administration boards, and other regulatory bodies.
We are deeply committed to the medical and health professions. Our lawyers participate in medical/legal educational programs throughout the province and at the University of Ontario Faculty of Medicine. We were also instrumental in founding the Medical/Legal Society of Toronto and the Health Law subsection of the Toronto Branch of the Canadian Bar Association.
Services
Members of our practice group are committed to remaining at the leading edge of developments in the field of health law.
- Claims resulting from medical treatment and care.
- Allegations of breach of fiduciary duty between doctor and patient.
- Advice regarding legislative and regulatory changes that may affect medical practice, such as the Health Professions Act and the Health Care Costs Recovery Act.
- Advice in response to threats from patients.
- Advice regarding the release of medical records in family law cases.
- Preparation when a physician is a defendant or witness in a criminal matter.
- Coroners' Inquests or other types of inquiries.
- Proceedings before professional administration bodies such as the College of Physicians and Surgeons of Ontario and hospital administration boards.
- Proceedings by the Medical Services Commission.
Select Cases
- A decision by the Supreme Court of Canada which determined the circumstances in which compliance with standard medical practice will defeat a claim of negligence.
- A trial and appeal in an obstetrical negligence case which considered the correct test to apply in determining the liability of a defendant physician, involving principles related to non-pecuniary loss and the upper limits of recovery.
- A Supreme Court of Canada matter which held that defendants are entitled to the benefits of services provided through the social safety net with an appropriate allowance for the contingency of such programs changing or ending.
- A Supreme Court of Canada matter which considered the limits of doctor-patient confidentiality in circumstances of danger to the public.
- A trial and appeal which considered the standard of review applicable to professional disciplinary bodies in a case involving a physician charged with infamous conduct following a sexual relationship with a patient.
- A Supreme Court of Canada case which considered the application of the modified objective test to causation in the context of informed consent claims.
- A trial and appeal dealing with a medical malpractice claim involving performance of an additional procedure not contemplated in advance of surgery.
- A Supreme Court of Canada matter in a breast implant product liability action which considered a manufacturer’s duty to warn consumers and the application of the “learned intermediary” doctrine.
- Determining for the first time in Ontario whether a fetus can bring a negligence action against a physician and whether it can bring a claim for failure to obtain informed consent.
