Health Law

Owners, operators, professionals and managers in the health care sector face a range of legal issues every day. Professional complaints must be responded to and discipline matters must be defended. Appropriate premises must be purchased or leased. Operating licenses must be secured and compliance requirements met. Contracts must be negotiated with suppliers. Collective agreements must be negotiated with unions. Privacy of patient information must be protected. Workplace disputes must be settled or fought. Human rights issues must be tackled. Several different areas of legal expertise are engaged when operating health professional practices and facilities in Ontario. For that reason, our Group is comprised of lawyers with expertise in regulatory compliance, professional discipline, litigation, real estate, business law, labour relations and employment, privacy, and technology and data management.
 
With Torkin Manes, you only need to make one call to have our full range of legal skills and experience at your service. We have organized ourselves to serve the legal needs of the health care sector in every respect, including specialised areas unique to regulated health professionals, long-term care facilities and retirement homes. We understand not only the legislative requirements but also the day-to-day operational challenges facing each of these individuals and institutions.

Health Professionals

At Torkin Manes, we routinely offer legal advice and representation to all regulated health professionals in Ontario. We have extensive experience representing health professionals in disputes with their regulatory bodies (the “Colleges”), where we work to avoid litigation if possible, but aggressively defend our clients when necessary. We also regularly represent clients in public hospital disputes and in civil litigation.

Our services include:

  • Drafting of responses to formal complaints made to the Colleges
  • Drafting of responses to formal investigations commenced by the Colleges
  • Defending health professionals at formal hearings before the Colleges’ Discipline Committees
  • Defending health professionals at formal hearings before the Colleges’ Fitness to Practice Committees
  • Drafting of submissions to, and appearances before, the Colleges’ Registration and/or Accreditation Committees
  • Representing health professionals at formal hearings before the Medical Advisory Committees and Boards of Directors of public hospitals
  • Representing health professionals in all manner of disputes with insurers
  • Representing health professionals at appeals and reviews before the Health Professions Appeal and Review Board
  • Representing health professionals in court on appeals from all types of administrative decisions, including those referenced above
  • Representing health professionals in all manner of civil litigation

For more information with regards to our Health Professionals Practice, contact Neil M. Abramson, Practice Group Lead.

Health Facilities

For many years, Torkin Manes has represented the interests of long-term care facilities and retirement homes across the province – from small operators to large chains. We are very knowledgeable about the various statutes which regulate your homes and understand how they affect your operations, employees and residents. We know how to deal with government ministries and other regulatory bodies and we can assist with statutory compliance. Our services include:

  • Assisting with licensing applications and related issues
  • Preparing residency agreements, unfunded services agreements, information packages and policies
  • Certifying regulated documents
  • Advising on all matters of compliance including resident rights, care and safety standards, mandatory reporting, and hiring and training of staff
  • Dealing with reviews and appeals of inspection and Director’s/Registrar’s orders, including to the Divisional Court
  • Advising and preparing submissions on proposed changes to legislation and accountability agreements
  • Responding to requests for access to and disclosure of resident information and records
  • Negotiating data sharing and network sharing agreements with third parties
  • Assisting with employee discipline and dismissal, including grievances, complaints and wrongful dismissal proceedings
  • Dealing with residential tenancy disputes, including under the Residential Tenancies Act
  • Advising on sensitive situations involving residents, substitute decision-makers and family members
  • Conducting investigations into complaints and workplace disputes, including allegations of abuse, discrimination, harassment, and theft

For more information with regards to our Health Facilities Practice, contact David M. Golden, Practice Group Lead.

Our lawyers also understand how to negotiate the acquisition, sale and financing of health care businesses, including health care facilities, medical and dental practices and medical laboratories, while protecting the rights of the buyer or seller.

Our Health Law Group meets regularly to update each other on changes in legislation affecting the industry and discuss ways in which our clients can be served efficiently and cost-effectively. We offer seminars on legal matters of specific concern, bringing together our unique combination of litigation, labour and employment, business, real estate, and health law experience to help our clients achieve maximum efficiencies and sound regulatory compliance.

The lawyers who comprise our Health Law Group are recognized leaders in the profession, widely published, and frequently invited to participate in government task forces and industry conferences.

Date Title Related Lawyers Type

November 2017

Social Media & Online Defamation

Legal Issues Affecting Dentists Today, Torkin Manes Health Law Program

Lindsay Kantor

Presentation

October 2017

Recent Changes to the Health Professions Procedural Code: Their Impact on Inquiries Complaints and Reports Committees and Discipline Committees

Medico-Legal Society of Toronto, A ‘Pot Pourri’ of Medico-Legal Cases

Lindsay Kantor

Presentation

June 2017

The Protecting Patients Act, 2017: What Regulated Health Professionals Need to Know

Torkin Manes Legal Point

Lindsay Kantor

Article

January 2017

Consent and Capacity

Facilitator at the University of Toronto Faculty of Medicine

Lindsay Kantor

Presentation

October 2016

Careers in Health Law Panel

Health Law Club at the University of Toronto Faculty of Law

Lindsay Kantor

Presentation

June 2016

The Four Phases of Physician Assisted Dying

Torkin Manes In-House Professional Development Seminar

Lindsay Kantor

Presentation

May 2016

Physician-Assisted Dying: What Does It Mean for Long-Term Care?

Torkin Manes LegalPoint

Lisa Corrente

Newsletter

April 2016

Physician Assisted Dying: Is Your Home Ready?

Together We Care Conference

Lisa Corrente

Presentation

November 2015

Treating Spouses: A Shifting Landscape

Ontario Opticians Association (OOA) Newsletter

Lindsay Kantor

Article

September 2015

A Prescription for the Legal Health of Your Pharmacy: ODB Audits and College Complaints/Discipline Hearings

Ontario Pharmacists Association’s Third Party Audits and Regulatory Compliance Conference

Neil M. Abramson

Presentation

More Publications

Neil M. Abramson

Practice Group Lead

Tel: 416 777 5454  Fax: 1 888 603 4589
Email: nabramson@torkinmanes.com

David M. Golden

Practice Group Lead

Tel: 416 777 5408  Fax: 1 888 812 2558
Email: dgolden@torkinmanes.com

Robert Barbiero

Tel: 416 775 8829  Fax: 1 888 603 4586
Email: rbarbiero@torkinmanes.com

Howard Burshtein

Tel: 416 777 5456  Fax: 1 888 732 6506
Email: hburshtein@torkinmanes.com

Lisa Corrente

Tel: 416 643 8800  Fax: 1 888 554 6180
Email: lcorrente@torkinmanes.com

Aaron M. English

Tel: 416 643 8811  Fax: 1 888 554 6181
Email: aenglish@torkinmanes.com

Lindsay Kantor

Tel: 416 643 8806  Fax: 1 888 823 9022
Email: lkantor@torkinmanes.com

Irv Kleiner

Tel: 416 777 5403  Fax: 1 888 603 4593
Email: ikleiner@torkinmanes.com

Peter C. Straszynski

Tel: 416 777 5447  Fax: 1 888 587 5766
Email: pstraszynski@torkinmanes.com

Practice Group Lead(s)

Neil M. Abramson 416 777 5454 nabramson@torkinmanes.com
David M. Golden 416 777 5408 dgolden@torkinmanes.com

Practice Group Lawyers

Robert Barbiero 416 775 8829 rbarbiero@torkinmanes.com
Howard Burshtein 416 777 5456 hburshtein@torkinmanes.com
Lisa Corrente 416 643 8800 lcorrente@torkinmanes.com
Aaron M. English 416 643 8811 aenglish@torkinmanes.com
Lindsay Kantor 416 643 8806 lkantor@torkinmanes.com
Irv Kleiner 416 777 5403 ikleiner@torkinmanes.com
Peter C. Straszynski 416 777 5447 pstraszynski@torkinmanes.com
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