Summary

Health care operators in hospitals, long-term care facilities, retirement homes and other health institutions face an intimidating legal environment. We understand that your day-to-day operations are increasingly complicated. That is why we are committed to partnering with you to help you provide sustainable, high-quality health care for your patients, residents and clients.

Our Healthcare Law Group is national in scope and is the most comprehensive health law resource in Canada. No other firm has our depth and breadth of experience in serving health care organizations. Health care providers are the focal point of everything we do.

We act as the legal counsel to over 250 hospitals, health service providers and health sector associations nationally. Our clients include a wide range of health care providers and care coordinators, including hospitals, long-term care facilities, retirement homes, medical and health associations, regulated health professionals, regulatory colleges, laboratories, pharmacies, medical clinics, private health clinics and emergency centres. Our clients include the Ontario Hospital Association, Local Health Integration Networks (LHIN's) and Community Care Access Centres (CCAC's) in Ontario, des Centres de Santé et de Services Sociaux (CSSS’s) in Québec, Alberta Health Services, and several Health and Social Services Authorities (HSS’s) in the North West Territories.

The key to our success is teamwork. We realize it is critical to providing you with the best solutions. Like a hive, there is constant communication, sharing of experience and collaboration amongst the various lawyers in our healthcare law group.

And while each of our lawyers offers a diverse set of experience, we all work toward the same goal: developing the most practical, effective solutions for our healthcare clients.



BLG and HIROC: An Innovative and Client Focused Fee Solution

 

http://youtu.be/5WGrDT2pqhM

Toronto (October 2013) — The Association Of Corporate Counsel (ACC) awarded BLG and its long standing client, Healthcare Insurance Reciprocal Of Canada (HIROC), the 2013 ACC Value Champion Award for Achieving Predictability an​d Pay for Performance in Long-Term Client/Firm Arrangement. BLG is the only Canadian law firm to be recognized as an ACC Value Champion. Learn more about the award, our unique partnership with HIROC and BLG Adroit, BLG’s project management program.

Publications

Recent Client Bulletins​

Publications

Rankings & Recognition

The Healthcare Law Group or its members are recognized:

  • By the 2017 Benchmark Canada Awards as Medical/Health Firm of the Year.
  • As the only Band 1 Health Law firm in the 2017 edition of Chambers Canada — Canada's Leading Lawyers for Business.
  • As the top-ranked firm for Health Care Law in the 2016 edition of The Best Lawyers in Canada®.
  • In the 2017 edition of The Canadian Legal Lexpert® Directory.

HIROC Logo BLG congratulates Healthcare Insurance Reciprocal of Canada (HIROC) on its win at last Thursday’s 2014 Innovatio Awards.

Cindy Clarke Cindy Clarke was recognized as the overall winner for Canada and the exclusive winner in Ontario of the Healthcare & Life Sciences category in the 2014 Lexology Client Choice Awards (Canada and USA). Lawyers can only be nominated for the Client Choice programme by corporate counsel. Cindy practises civil litigation with a particular expertise in medical malpractice and product liability defence. She is an elected member of the firm’s governing body, National Council, and is a member of the Toronto office management committee. A leading participant in the Firm's Class Actions Group, Cindy appears before all levels of court and various administrative tribunals, including the Consent and Capacity Board, the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board, and the Human Rights Tribunal. Cindy defends hospitals, Community Care Access Centres (CCACs) and other health organizations in many medical malpractice actions on behalf of the Healthcare Insurance Reciprocal of Canada. She also represents health and service organizations in court and before administrative tribunals. In addition, Cindy is involved in defending several product manufacturers in multi-million dollar product liability actions involving pharmaceuticals and other products with health effects. In 2008, Cindy was recognized as one of Lexpert®'s Rising Stars – Leading Lawyers Under 40. She is the co-author of Law for Canadian Health Care Administrators, 2nd edition, and is the Program Director of Osgoode Hall Law School's Certificate in Health Law course. She regularly presents to health care professionals and administrators on health law issues.

Mary Lynn Gleason Mary Lynn Gleason was recognized as the Toronto Medical Negligence Lawyer of the Year in the 2014 edition of The Best Lawyers in Canada. Mary Lynn’s practice focuses on the defence of hospitals and their staff in medical malpractice claims. She has acted as counsel for hospitals, nurses, physicians and other health practitioners at inquests, civil trials, various levels of courts and administrative tribunals, including the Health Professions Appeal and Review Board. She has extensive experience in the defence of obstetrical brain injury medical malpractice cases. Mary Lynn also serves as general counsel to hospitals on a wide range of issues including privileges, policy and privacy issues.

Representative Work

  • Acted in the leading cases of Steep v. Kingston General Hospital and Hospital for Sick Children v. Leone, in which the court recognized the importance of quality assurance principles applying to documentation generated in the course of quality assurance initiatives at hospitals.
  • Advised on province-wide information technology initiatives involving more than 100 hospitals with regards to critical care, emergency department, surgical efficiency, and eMPI, WTIS and PACS services.
  • Manages patent portfolios for therapeutic and nutritional technologies generated at a major research-based Toronto hospital. We work with the hospital’s technology transfer officers to assess patentability, draft and file patent applications and assess freedom-to-operate based on competing technologies.
  • Acted pro bono for an intervener (the Schizophrenia Society of Canada), in its intervention before the Supreme Court of Canada in Starson v. Swayze case, which considered the legal test for capacity to consent to treatment in psychiatric care under Ontario’s Health Care Consent Act. The Court accepted our unique submissions as to the requisite burden of proof on health practitioners, thereby clarifying an important principle of law in a direction favourable to healthcare providers and families.
  • Acted as counsel for the successful hospital in the leading Canadian case defining the relationship between the public hospital and an independent practitioner with privileges — Yepremian v. Scarborough General Hospital, (1980) 110 D.L.R. (3rd) 513 (Ont. C.A.).
  • Advised on responding to adverse events and unexpected outcomes, including investigations and disclosure to patients, residents or family members.
  • Represented the Ontario Hospital Association at the Daniel/Dupont Inquest (Windsor, Ontario) and helped ensure a systemic hospital management perspective was brought to the inquest.
  • Provided project advice to health care facilities, and project lenders in respect of the financing of major capital projects; an example is The Hospital for Sick Kids Research and Learning Tower.
  • Lakeridge Health Corporation and OPSEU (Koscik Arbitration). Labour arbitration before Arbitrator Carrier. Decision issued March 12, 2012. We successfully represented Lakeridge Health Corporation in upholding the discharge of an employee for time theft
  • Regularly advise retirement communities and long-term care facilities on the following matters, among others:
    • statutory compliance
    • accreditation regulations and guidelines
    • complaints process and mandatory reporting obligations
    • acts that can only be performed by certain categories of health care professionals (“controlled acts”)
    • health and safety risks
    • issues pertaining to leases / tenancies
    • privacy issues such as access to a resident’s file by family members
    • advertising and promotions