Rosen Sunshine’s Top 10 Posts of 2018

Each year Rosen Sunshine strives to provide its readers with up-to-date analyses of important developments in Ontario health law. Here we present the top 10 posts from 2018 which generated the most interest among our readers.


1. The Ontario Government Has Proclaimed the Controlled Act of Psychotherapy: These Are the Implications

The controlled act of psychotherapy is now in force, accompanied by a two-year transition period from December 31, 2017 to December 31, 2019. During this time, individuals who provide psychotherapy services will have the opportunity to become registered with an appropriate health regulatory college if they wish to continue to perform psychotherapy or change their practice. In this post we provide an update on the Controlled Act and the implications of its recent proclamation. Read More


2. Physicians’ Obligations When Transferring a Patient’s Care

A decision by the Health Professions Appeal and Review Board provides guidance on a physician’s obligations when transferring care to a colleague in a hospital setting. This decision relates to a complaint to the College of Physicians and Surgeons of Ontario regarding the care provided by a physician in connection with the treatment of the Applicant’s late father (the patient) and his transfer to another hospital. Read More


3. Rigid Adherence to Clinic’s Rules and Procedures Results in College Complaint and Remedial Action Against Physician

The Health Professions Appeal and Review Board this year confirmed a decision of the ICRC of the College of Physicians and Surgeons of Ontario to take remedial action against a physician who was found to have placed undue focus on clinic procedures and rules, to the detriment of patient care. Following its investigation and review of a patient-initiated complaint, the ICRC issued advice and ordered the physician to complete a specified continuing education program. Read More


4. Sexual Abuse Case a Cautionary Tale for Physicians

An unusual disciplinary case against a physician shows how broadly medical regulators interpret doctor-patient relationships. In a story on the case, the Toronto Star lays out the unique fact situation that led to the regulatory proceedings for alleged sexual abuse against the Toronto doctor before a five-member panel of the discipline committee of the College of Physicians and Surgeons of Ontario (CPSO). Read More



5. Judicial Review of Academic Discipline Decision Not Available where Right of Appeal Exists

In this blog post, we summarize, a decision from the Ontario Divisional Court with an important lesson: in order to seek a remedy from the Divisional Court with respect to an administrative matter, a person must first exhaust all other avenues available in the administrative arena. Read More


6. New Continuity of Care “Suite” of Policies by College of Physicians and Surgeons of Ontario Open for Consultation

All physicians, especially family physicians, should be aware that the CPSO is seeking feedback on a suite of new draft policies pertaining to continuity of care which is comprised of a foundational Continuity of Care draft policy (referred to as the umbrella policy), as well as four companion draft policies. This consultation has now closed, but the policy has not yet been approved by the CPSO’s Council. Read More


7. 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 potential risk of complying with a health professional’s mandatory duties in cases where they learn there is a child in need of protection, Lonny Rosen tells AdvocateDaily.

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8. CPSO Publishes New Draft Policy on Closing a Medical Practice

The CPSO is reviewing and updating its policy, Practice Management Considerations for Physicians Who Cease to Practise, Take an Extended Leave of Absence or Close Their Practice Due to Relocation. This consultation has now closed, but the policy has not yet been approved by the CPSO’s Council. Read More


9. Dismissed Charges Not Evidence of Misconduct for Health Professionals

A case that went before the Health Professions Appeal and Review Board highlights the type of regulatory proceedings that can occur as a result of criminal charges being laid against a health professional — and that they don’t always go away after an acquittal. Read More



10. Courts Wary of “Ghostwritten” Expert Reports

In recent years, there have been a number of court decisions dealing with the role of an expert in litigation. Given the importance of expert opinion in litigation, not knowing the true author of the report could have serious implications. This issue was reviewed by Justice MacLeod-Beliveau in Kushnir v. Macari, 2017 ONSC 307.  Read More



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