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Health Law

Printable Summary

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. 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.

Publications & Presentations

Presentation

The Paper Chase: Documentary Requests and Production

Osgoode Professional Development program on Prosecuting and Defending Professional Discipline Cases
Apr 24, 2019
Presentation

Overview of Provincial Health Care Legislation: Types of Health Care Providers

Faculty, The Osgoode Certificate in Health Law Course, Accountability in Health Law: The Legal Framework
Mar 6, 2019
Presentation

Trauma Informed Investigations

Sexual Misconduct in the #Metoo Era, Osgoode Hall Law School/York University Lisa Corrente spoke at Osgoode's Professional Development Legal Guide to Sexual Misconduct in the #MeToo Era, February 7, 2019 in Toronto. In the era ...
Feb 7, 2019

News & Media

In the News

Robert Barbiero re-elected to the Ontario Bar Association Health Law Executive

Torkin Manes lawyer Robert Barbiero has been re-elected to the Ontario Bar Association (OBA) Health Law Executive for the 2019-2020 term. Robert will ...
Jun 18, 2019
In the News

Lisa Corrente to speak at forum on campus sexual violence

AdvocateDaily.com Toronto employment and health lawyer Lisa Corrente will share her insights on investigating complaints of sexual violence at an upcoming Osg...
Apr 24, 2019
In the News

Torkin Manes recognized as the #1 ranked Ontario regional law firm by Canadian Lawyer

Canadian Lawyer We thank our clients, colleagues and peers for recognizing us with this distinguished honour.
Mar 4, 2019
In the News

Regulator can determine dispute process, no procedural unfairness found, court rules — Neil Abramson speaks to The Lawyer's Daily

The Lawyer's Daily Counsel involved in the case said this ruling will have implications for regulators across Canada.
Sep 4, 2018

Events

Lindsay Kantor of our Health Law Group to participate as faculty in Osgoode's Prosecuting and Defending Professional Discipline Cases program

Lindsay Kantor will be participating as faculty at the upcoming Osgoode Professional Development program on Prosecuting and Defending Professional Dis...
Apr 24, 2019

Neil M. Abramson of our Health Law Group to participate as faculty in the Osgoode Certificate in Health Law Course

With the increasing intersection between healthcare delivery and the law, healthcare providers and their organizations encounter a challenging array o...
Apr 17, 2019

Lindsay Kantor of our Health Law Group to participate as faculty in the Osgoode Certificate in Health Law Course

With the increasing intersection between healthcare delivery and the law, healthcare providers and their organizations encounter a challenging array o...
Mar 6, 2019

Robert Barbiero to speak at the University of Toronto Faculty of Medicine on Informed Consent

Robert Barbiero of our Health Law Group will be speaking at the upcoming University of Toronto Faculty of Medicine workshop, being held on Friday, Jan...
Jan 25, 2019