Anne Corbett  

Partner

Executive Summary

Anne Corbett is a partner in the Toronto office of Border Ladner Gervais LLP. She practises in the areas of corporate commercial, health law and pensions law, focusing on:

  • Advising profit and non-profit corporations in connection with a variety of corporate and commercial law issues, including corporate reorganizations, mergers and acquisitions, corporate governance issues (director and officer liability issues, bylaws), contracts, joint venture and partnership agreements, confidentiality agreements, and government relations.
  • Advising on governance issues (director and officer liability issues, bylaws), contracts, confidentiality agreements, and fiduciary liability.
  • Acting as counsel for various hospitals and hospital foundations in connection with corporate matters, including amalgamations, integrations, corporate restructuring, outsourcing, banking and borrowing, contract review and bylaw revisions.
  • Advising profit and non-profit corporations in connection with a variety of pension, benefits and related investment arrangements and corporate and commercial law issues.

Representative Work

Specific Health Sector Expertise

  • Advising on board governance issues and directors’ fiduciary duties; relationships with other healthcare providers; relationships to foundations and volunteer organizations.
  • Acting with regard to health accountability agreements, contract negotiation and review; outsourcing of services and partnerships with private sector.
  • Advising on structuring public-private partnerships and corporate, tax and charities law issues arising from such arrangements.
  • Advising on commercial activities and revenue generation.
  • Acting in wide range of integrations activities.
  • Extensive experience in the development of corporate and professional staff bylaws, rules and regulations. Specific expertise includes:
    • Review and rewrite of the administrative and professional staff bylaws for various hospitals, including rural, community and academic hospitals.
    • Advice to various hospitals on the interpretation of specific bylaw clauses.
    • Writing or review of staff bylaws for multiple hospital amalgamations including hospitals operating on two or more sites.
  • Regulatory compliance including broader public sector obligations and other regulatory matters, such as licensing issues and scope of insured services under the Health Insurance Act.
  • Frequently advise CEOs, board chairs and medical staff leadership on the interpretation of bylaws, the Public Hospitals Act, applicable Ministry of Health and Long-Term Care policies, and professional staff rules and regulations.
  • Conducting seminars for board members and staff:
    • Educational sessions during regular board meetings on duties and liabilities of directors and the role of the board.
    • Facilitate discussions on the role of the board during retreats.
    • Workshops on governance issues.
  • Advice on such issues as board conduct, the role of ex officio directors, annual meeting procedures, duties and liabilities of directors and officers, accountability borrowing and deficits, honorary and life directors, board committee composition and mandates.
  • Drafting board and corporate policies on issues such as open board meetings, whistle blower policies, gift policies, conflict of interest policies, board codes of conduct and investment policies.

Specific Pension Sector Expertise

  • Advising pension plan administrators on matters such as surplus entitlement, contribution holiday issues, plan interpretation, interpretation and application of the Pension Benefits Act, and pension plan governance matters, including fiduciary liability of plan administrators and trustees.
  • Advising clients on pension plan governance matters, including fiduciary liability of plan administrators and trustees, and the design and implementation of pension governance programs.
  • Assisting in connection with pension litigation and advocacy matters.

Publications & Presentations

Publications

  • Co-Author, Guide to Good Governance: Not-for-Profit and Charitable Organizations, Ontario Hospital Association, 2009 & 2013.
  • Principle Author, Guide to Good Governance, Ontario Hospital Association, (2005 & 2011).
  • Co-Author, Quality and Patient Safety: Understanding the Role of the Board, Ontario Hospital Association, 2008.
  • Author, “Building on Strength: Improving Governance and Accountability in Canada's Voluntary Sector,” Hospital Quarterly, Spring 1999.
  • Author, “Striking the Deal: Legal Considerations on Structuring Shared Service Arrangements,” Hospital Quarterly, Summer 1998.

Presentations

Hospital and Health Care Sector

  • Co-Chair and Co-Lead Instructor, Governance Centre of Excellence Course - Essentials Certificate in Health Care Governance, Ontario Hospital Association, 2006- present.
  • Co-Chair and Co-Lead Instructor, Governance Centre of Excellence Course - Implementation of the Guide to Good Governance, Ontario Hospital Association, 2006- present.
  • Speaker, “Best Practices for Effective Board Meetings”, Ontario Hospital Association, South Western Ontario Annual Conference, September 2013
  • Speaker, “Update on the Ontario Not-for-Profit Corporations Act,” Ontario Hospital Association, Conference for Corporate Secretaries, September 2013.
  • Speaker, “Tips for Effective Board Meetings,” Ontario Hospital Association, Rural and Northern Health Care Governance Workshop, May 2013.
  • Speaker, “Not-for-Profit and Charitable Organizations in the Health Sector: Evolving Governance & Compliance Issues”, Ontario Bar Associate, April 2013.
  • Speaker, “Transition to the Not-for-Profit Corporations Act 2010,” Ontario Hospital Association, Health Care Governance Forum, 2012.
  • Speaker, “Board and Committee Relations,” Ontario Hospital Association, Conference for Corporate Secretaries, September 2012.
  • Speaker, “Annual General Meetings,” Ontario Hospital Association, Conference for Corporate Secretaries, September 2011.
  • Speaker, “Local Health Integration Network (LHIN) – Hospitals in a LHIN Environment,” Ontario Hospital Association, 2006-10.
  • Speaker, “Health Care System Navigation and Performance – Achieving Success for a Truly Strong North,” Ontario Hospital Association Conference, 2010.
  • Speaker, Medical Staff Management, Ontario Hospital Association Annual Conference, 2010.
  • Speaker, “Overview of the Guide to Good Governance – Not for Profit and Charitable Organizations,” Ontario Hospital Association, 2010.
  • Speaker, “Governance Essentials – Processes and Structures to Support Board Performance,” Ontario Hospital Association, 2010.
  • Speaker, “Critical Issues for Hospital Boards of Directors,” Ontario Hospital Association, 2010.
  • Speaker, Advancing Safety and Quality Care: Critical Health Care Issues and Strategies, Ontario Hospital Association, 2008.
  • Speaker, Governance for Small Hospitals:  Emerging Issues and Challenges in Board Recruitment, Ontario Hospital Association, 2008.
  • Speaker, Community Engagement from Board Perspective Governance, Ontario Hospital Association, 2008.
  • Speaker, Current Issues in Governance – Members, Ontario Hospital Association, May 2007.
  • Speaker, Culture of Safety in Healthcare – The Board’s Role in Safety and Pandemic Planning, Ontario Hospital Association, April 2007.
  • Speaker, Finance Committee Conference – Financial Risk, Ontario Hospital Association, April, 2007.
  • Speaker, “Foundations - Governance and Hospital Foundation Relationships,” Ontario Hospital Association, October 2006.
  • Speaker, “Roles and Responsibilities of the Board,” Ontario Hospital Association, September 2006.
  • Speaker, “Senior Management Governance Curriculum,” Ontario Hospital Association, September 2006.
  • Speaker, “Legislative Update – Bill 123: Transparency in Public Matters Act, 2004,” Ontario Hospital Association, January 2006.
  • Lecturer, “Effective Health Care Governance - Legal Aspects of Governance," Ontario Hospital Association Health Care Trustee Institute Program,” 1999-2005.
  • Speaker, “Orientation to Role of Hospital Trustee,” Ontario Hospital Association Program, 1999-2005.
  • Speaker, “Orientation to the Office of Board Chair,” Ontario Hospital Association Conference, 1997-2005.
  • Speaker, “Changing Role of Governance – The Role of Trustees,” Ontario Hospital Association Program, 2005.
  • Speaker, “Board Leadership Conference – Governance Principles and Best Practices,” Ontario Hospital Association Program, 2005.
  • Speaker, “Aligning Our Resources to Create Positive Change – Risk Management and the Legal Perspective,” Ontario Hospital Association Program, 2005.
  • Speaker, “Accountability – Where are We and Where Should We be Going from Here? – A Multi-Factoral Environment: To Whom are Board Members and CEO's Accountable and for What?” Ontario Hospital Association Program, 2005.
  • Speaker, “Overview of Bill 8 and the Impact on Voluntary Governance,” Ontario Hospital Association, February 2004.
  • Speaker, “Forum for CEO’s – Governance Issues of Today and Tomorrow,” Ontario Hospital Association, September 2003.
  • Speaker, Association for Health Care Philanthropy, June 2003.
  • Speaker, “Governance for Healthcare Organizations – The Short and Long Term Effects of Restructuring on Board Governance and Management Effectiveness,” The Canadian Institute, May 2003.
  • Speaker, “Rural and Northern Healthcare Hospital Governance – Understanding Your Primary Responsibility,” Ontario Hospital Association, May 2003.
  • Chair, Ontario Hospital Association Conference: “Partnering with the Private Sector,” February 2003.
  • Speaker, “Partnering with the Private Sector and Carrying on Commercial Activities – Structuring Partnering Arrangements and Commercial Activities,” Ontario Hospital Association, February 2003.
  • Speaker, “Principles and Applications of Health Law,” Ontario Hospital Association, 2002 & 2003.
  • Speaker, “Privacy – Electronic Sharing of Health Information,” Ontario Hospital Association Program, December 2002.
  • Speaker, “Opportunities for Integration of Health Services,” Ontario Hospital Association Program, October 2002.
  • Lecturer, “Using Public Private Partnerships to Advance Healthcare in Ontario – Superbuild Projects in Health,” The Canadian Institute Conference, May 2002.
  • Lecturer, “Legal Issues,” Ontario Hospital Association Educational Seminar for Hospital Auxiliaries/Associations, April 2002.
  • Speaker, “Roles and Responsibilities of the Board Finance Committee,” Ontario Hospital Association Program, April 2002.
  • Lecturer, “Public Private Partnerships,” Ontario Hospital Association Hot Topics in Hospital Construction, March 2002.
  • Speaker, “Hospital Accountability in 2001,” Ontario Hospital Association Program, October 2001.
  • Co-Chair, “Capital Redevelopment Projects – Legal and Practical Issues,” Ontario Hospital Association Program, September 2000.
  • Speaker, “Legal Conference for Hospital Foundations and Volunteers,” Ontario Hospital Association Program, October 1999.
  • Chair, “Role of Today’s Board – Duties and Liabilities of Hospital Trustees,” Ontario Hospital Association Program, May 1999.
  • Speaker, “Partnering in Healthcare Making the Deal – Aligning Expectations and Strengthening the Partnership to Meet All the Player’s Needs,” The Canadian Institute Conference, April 1999.
  • Chair and Speaker, “Getting Together: Partnerships, Networks and Shared Service Arrangements – Governance and Fiscal Issues,” Ontario Hospital Association Program, March 1999.
  • Chair, Ontario Hospital Association Conference, “Implementing Restructuring – Legal Issues Arising from Implementing Amalgamation, Closures and Transfers,” September 1997.
  • Chair, “Hospital Amalgamation,” Canadian Institute Seminar, March 1997.

Pension Sector

  • Speaker, Association of Pension Lawyers and International Pension Employee Benefits Law Association (IPEBLA) Conference, May 2011 and June 2004
  • Speaker, “Regulation of Defined Contribution and other Retirement Savings Plan Investments,” Canadian Pension & Benefits Institute Regional Conference, October 2002.
  • Speaker, “Making Governance Models Work: A Practical Perspective,” Canadian Bar Association 1998 Annual Institute, January 1998.
  • Speaker, “Pension Plan Governance: Who Does What?,” Osgoode Hall Law School Continuing Legal Studies Program, October 1997.
  • Speaker, IPEBLA Conference, June 1995 and June 1997.
  • Chair, Insight Conference: “Pension Funds as Investors – Maximizing Investor Return,” January 1997.
  • Panel Chair, Association of Canadian Pension Managers Conference: “Reform of the Financial Services Commission of Ontario Act, 1997,” November 1997.
  • Chair, Federated Press, Second Annual Corporate Summit: “Boardroom Decisions: Pension Liability,” December 1996.
  • Speaker, joint meeting of the Corporate Counsel and Pension Law sections of the Canadian Bar Association on “Pension Plan Governance: Common Law and Statutory Duties and Liabilities of Pension Plan Administrators,” January 1994.
  • Chair, seminar sponsored by Insight on “Fund Management: Balancing Governance and Performance,” September 1994.
  • Co-Chair, “Pension Fund Governance,” Insight Seminar, April 1993 and November 1993; and Speaker, “Duties and Liabilities of Liabilities of Directors, Administrators Trustees and Professional Advisors.”
  • Speaker, “Fiduciary Duties of Pension Administrators and Trustees,” Canadian Bar Association Pension Law Sub-section meeting, March 1993.
  • Speaker, Canadian Institute Conference: “Who is a Fiduciary,” October 1994; also presented a paper “Implementing a Corporate Governance Model for Pension Plan Governance.”
  • Contributing Editor and Writer, Federated Press’ Pension Planning series.

Rankings & Recognitions

  • Recognized in the 2018 edition (and since 2016) of Chambers Canada — Canada's Leading Lawyers for Business (Healthcare)
  • Selected by peers for inclusion in the 2018 edition (and since 2011) of The Best Lawyers in Canada® (Corporate Law).
  • Recognized in the 2015, 2014 and 2013 editions of Who's Who Legal: Canada (Management Labour & Employment).
  • Recognized in the 2012 edition of The Canadian Legal Lexpert® Directory (Pensions & Employee Benefits).
  • Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.