Rosen Sunshine’s Top 10 Posts of 2019

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 2019 which generated the most interest among our readers.

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1. Court Awards $50,000 to Doctor Due to Defamatory Postings on

Many health professionals have concerns about postings made about them on rating websites like RateMDs. A 2019 defamation case offers health professionals insight into the circumstances under which legal action can be taken. Read More



2. HPARB Finds Decision to Caution Based on Prior Complaints Unreasonable

A 2019 case offers clarity on what constitutes a “significant history of complaints”. The Board found that the Committee’s decision appeared to have been based on a “misapprehension” of the physician’s complaint history. Read More




3. CPSO v. Lee: Court Provides Guidance to Discipline Committees on Setting Reasonable Penalties

In a decision in 2019, the Divisional Court provided guidance regarding the criteria and principles of interpretation that should be considered when determining the appropriate penalty for professional misconduct. Read More



4. Series of Reforms Aimed at Increasing Transparency in How Physicians Bill OHIP

There has been longstanding public demand for increased transparency regarding the Ontario Health Insurance Plan (OHIP) and the manner in which healthcare professionals bill the province – and ultimately the public – for medically insured services. The Ontario government has recognized this demand, and has proposed a series of updates in response. Read More


5. Dentists have Discretion to Implement Cancellation and Late Arrival Policies

In a 2019 case, the Health Professions Appeal and Review Board confirmed a decision of the Inquiries, Complaints and Reports Committee of the Royal College of Dental Surgeons to take no action regarding a patient complaint about the conduct his dentist. Read More



6. Reasonable for Psychiatrist to Decline Patient’s Request to Remove Parts of Medical History and for Sharing Information with Others in Patient’s Circle of Care

A 2019 HPARB review confirmed the decision of the ICRC with regards to a patient who complained about the conduct of a psychiatrist, stating that the psychiatrist wrote false information in the patient’s medical records, but would not amend it. Read More


7. Health Professionals’ Obligations to Report where Patients may be Unfit to Drive

Under Ontario’s Highway Traffic Act, health professionals have the difficult and uncomfortable task of assessing their patients’ fitness to drive and making a mandatory report to the Ministry of Transportation when necessary. Read More



8. Agreeing to an Undertaking was not Enough to Avoid a Caution where Family Physician Inappropriately Prescribed Narcotics and Kept Poor Records

A 2019 case demonstrates that a physician’s undertaking was not sufficient to avoid a caution – the fact and substance of which are published on the College’s public register. Read More



9. Be Mindful of Health Professional/Patient Relationship Boundaries

Engaging with your patient on social media? Want to hire a patient as an employee? Be mindful of health professional/patient relationship boundaries. Read More




10. Proposed BC Regulatory Reforms a Reminder to Regulators to Put the Public First

British Columbia is poised to overhaul the regime under which health professionals are regulated, with dramatic changes coming to all of BC’s health colleges and the laws that govern the professions which they regulate. Read More



Subscribe to Rosen Sunshine’s Health Law Bulletin for monthly updates.


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