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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

Article

Fire Code Charges Withdrawn Against Foster Home Operator

Torkin Manes LegalPoint On February 24, 2017, a foster home operated by Connor Homes was engulfed in flames after one of the youth living in the home deliberately started a f...
Nov 15, 2018
Article

Report Recommends that the College of Physicians and Surgeons of Ontario Change How it Investigates Complaints & Investigative Reports

Health Law Matters, Lexis Nexis On April 30, 2018, the Ministry of Health and Long-Term Care made public Streamlining the Physician Complaints Process in Ontario, a report written in...
Aug 10, 2018
Presentation

Bill 87: Protecting Patients Act, 2017

Moderator, OBA Health Law Program - Emerging Risks in Health Law, February 9th 2018
Feb 9, 2018
Presentation

Current Issues: Medical Assistance in Dying

Speaker, Ontario Bar Association Institute , February 9th 2018
Feb 9, 2018

News & Media

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

Lisa Corrente honoured with the 2018 Ontario Bar Association Susan Hilary Davidson Memorial Award for Excellence in Health Law

Each year the OBA Health Law Section celebrates one of its members, acknowledged by peers as a leading practitioner and contributor to health law in O...
Apr 27, 2018

Lisa Corrente to speak at the Together We Care Conference on April 11th

Lisa Corrente will be moderating a panel at the Together We Care Conference on “Promoting Appropriate and Safe Relationships within a Long-Term ...
Apr 4, 2018

Lindsay Kantor to speak at the MLST Professional Development and Continuing Education Program

Join Lindsay Kantor at the upcoming Medico Legal Society of Toronto's Professional Development and Continuing Education Program for her talk on Recent...
Sep 20, 2017

Events

Legal Issues Affecting Dentists Today

Torkin Manes' continuing education seminar on topics of key relevance to dental practices.
Nov 1, 2017: 18:00 - 20:30

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

Neil Abramson, Torkin Manes’ partner and renowned health law litigation lawyer, presented "A Prescription for the Legal Health of Your Pharmacy:...
Sep 20, 2015: 09:00 - Sep 19, 2015: 17:00

Does Your Practice Need a Check-up? Legal Issues Affecting Dentists Today

Complaints & Discipline: A Conversation Between the College & the Defense Irwin W. Fefergrad, Registrar, Royal College of Dental Surgeons of ...
Nov 7, 2012: 19:00 - 21:30

Practice Check-up - Legal Issues Affecting Veterinarians Today

NEW AND ONGOING CHALLENGES FOR YOUR CLINIC Associates and Staff: Employees or Independent Contractors? the legal risks of mis-characterizing your sta...
Nov 1, 2011: 16:30 - 23:00