Rosen Sunshine’s Top 10 Posts of 2022
Each year, Rosen Sunshine strives to provide its readers with up-to-date analysis of important developments in health and regulatory law in Ontario.
Here we present the top 10 posts from 2022 which generated the most interest among our readers.
1. Information and Privacy Commissioner Considers Whether One Family Member Can Access Family’s Therapy Records
In this blog post, we review a recent IPC decision which addresses the novel and important questions of to whom family (group) therapy records relate, and whether PHIPA allows one family member the right to access all family therapy records.
2. “Know when to fold ‘em”: Court Refuses Multiple Attempts to Relitigate Discipline Committee Decision
In this blog post, we review a 2021 ruling by the Ontario Divisional Court, which brought a long-awaited sense of finality to a legal saga involving numerous attempts by a health care professional to relitigate her case.
3. Kadri v Windsor Regional Hospital: Insights into HPARB’s Jurisdiction and Grounds for Revoking Hospital Privileges
A decision from the HPARB provides interesting insight into the scope of its jurisdiction in hospital privilege matters under the Public Hospitals Act, and with respect to grounds justifying the revocation of hospital privileges.
4. Clarification from the Court of Appeal on Using Evidence Prepared in Regulatory Proceedings in Civil Proceedings
A family law decision from the Ontario Court of Appeal considered the correct interpretation of section 36(3) of the Regulated Health Professions Act, which provides that documents prepared in relation to proceedings under the RHPA are inadmissible in civil proceedings.
5. Court Dismisses Bad Faith Claims Made Against CPSO Following Disciplinary Proceedings That Led to Revocation of Physician’s License
Professionals involved in regulatory proceedings often express concerns that they don’t feel their regulator is acting in “good faith” or that they wish to take action against their regulatory body. A recent decision confirms how challenging it is to take action against one’s regulatory body.
6. Health Care Providers and Health Professionals are Expected to Follow Certain Guidelines When Ending the Relationship with Patients
In this blog post we review a recent HPARB decision which provides direction to health professionals – particularly physicians – about when and how to end a professional relationship with a patient.
7. 4,848 Reasons to Retire Your Fax Machine and Other Unsecure Communication Methods
Canada’s privacy commissioners call on health care providers to replace fax machines and unencrypted emails with modern, secure, and interoperable ways of transmitting personal health information.
8. Court of Appeal Confirms Exemption from Residential Tenancies Act Applies to Children’s Mental Health Provider’s Housing Program
Lonny Rosen and Clancy Catelin represented the successful respondent in Smith v. YouthLink Youth Services. The Court of Appeal’s decision confirmed that the Cooperative Housing Program at issue was exempt from the Residential Tenancies Act.
9. Failing to Comply with Requirements for Closing Pharmacy Amounts to Professional Misconduct
In this blog post we review a 2021 decision by the Discipline Committee of the College of Pharmacists, which found that a pharmacist engaged in professional misconduct for failing to comply with his requirements for closing a pharmacy.
10. New Regulatory College for Oral Health Professionals in British Columbia
On September 1st the College of Dental Hygienists of BC, the College of Dental Surgeons of BC, the College of Dental Technicians of BC, and the College of Denturists of BC amalgamated to become the BC College of Oral Health Professionals. In this blog post we review these recent modernization efforts.
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