Summary

Like many organizations, health care facilities and their staff are occasionally called upon to defend their actions. Ever-evolving regulations are producing an array of compliance, transactional and litigation issues.

With more than 30 professionals that provide litigation services to over 400 health care institutions nationally, we combine in-depth experience with leading-edge strategies to ensure that your goals are achieved. Our team understands the demands and pressures our clients face. Our litigators are responsive, proactive and efficient. The result? BLG has successfully defended many of the most significant health related trials in Ontario and Québec over the past several years.

We have decades of experience in medical malpractice litigation. We are the primary legal counsel to HIROC (Healthcare Insurance Reciprocal of Canada) and its subscribers. About 85% of Ontario public hospitals, most Ontario Community Care Access Centres and many other non-profit health organizations are HIROC subscribers. Our team is one of the primary legal counsel to AQESSS (Association québécoise d'établissements de santé et de services sociaux), whose membership encompasses over 120 healthcare organizations in the province of Québec. In defending these claims, we work closely with our client’s risk management departments to identify both risks and learning opportunities presented by the various claims.

Publications

  • Canadian Health Law Practice Manual, LexisNexis Butterworths.
  • John J. Morris, Canadian Nurses and the Law, LexisNexis Butterworths.
  • Morris & Clarke, Law for Canadian Health Care Administrators – 2nd Edition, LexisNexis Butterworths.
  • Michael K. McKelvey, Ontario Health Legislation: An Annotated Guide, Canada Law Book.

Representative Work

  • 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.).
  • Acted for an Intervener in the landmark decision permitting parallel private healthcare in Québec when publicly-funded services were unconscionably untimely - Chaoulli v. Québec (Attorney General) [2005] SCR 791.
  • Successfully defended ER Triage standards while clarifying the role of hospital policies in setting the standard of care - Latin v. Hospital for Sick Children, 2007 Can LII 34 (ONSC).
  • Obtained summary judgement striking down claim alleging financial loss due to loss of driver’s licence resulting from wrongful psychiatric incarceration - Ferroni v. St Joseph's Health Centre, 2012 ONSC 1208.
  • Obtained approval of class action settlement of claims arising out of c difficile infection involving 200 patients - Elliot v. Joseph Brant Hospital, 2013 ONSC 124.
  • Defeated an application for authorization of class action based on the access to mental health care, both before the Superior Court and the Court of Appeal of Québec - Labelle v. Agence de développement de réseaux locaux de services de santé et de services sociaux - Région de Montréal, 2007 QCCS 1113 (CanLII), 201 QCCA 334 (CanLII).
  • Defended hospital in major trial involving a premature delivery - Charbonneau v, Centre hospitalier Laurentian, 2009 QCCS 4974 (CanLII).