On October 25, 2018, Perell J. of the Ontario Superior Court of
Justice released a decision in Broutzas v. Rouge Valley Health System,
2018 ONSC 6317. Broutzas raises some important
considerations for the health law field pertaining to medical
records and privacy under the Ontario Personal Health
Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A
("PHIPA"), and the role, if any, played by Orders of the
Information and Privacy Commissioner ("PHIPA Orders") in
pre-determining civil liability for alleged violations relating to
the PHIPA. As Broutzas demonstrates, these issues can be
particularly important in the context of large-scale class actions
for alleged privacy breaches.
