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Registered address: 188 Fleet Street, London, EC4A 2AG

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  • Article

    Decades Later, Patient Records Still Blowing In The Wind

    More than two decades after the implementation of privacy laws like Saskatchewan's Health Information Protection Act ("HIPA"), basic errors persist. In a recent case, medical records were found blowing...
    CanadaPrivacy
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Lying On Annual Reports Could Lead To Professional Misconduct

    Health professionals are expected to renew their certificates of registration annually. When they do, the annual renewal form asks a series of questions that health professionals are required to answer truthfully...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Non-Competition Covenants In Dental Practice Sale Are Enforceable

    A 2024 decision of the Ontario Court of Appeal, Dr. C. Sims Dentistry Professional Corporation v. Cooke, affirmed the enforceability of a restrictive non-competition covenant or clause...
    CanadaEmployment and HR
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Court Of Appeal Weighs In On College Investigations

    The appellant in this case was Dr. Kilian, a physician who had been registered with the CPSO since 2016.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Do We Need Reprimands?

    Reprimands are one way that a panel of a Discipline Committee can take disciplinary action against a registrant. Reprimands are formal declarations imposed at the conclusion of the discipline hearing...
    CanadaLitigation, Mediation & Arbitration
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Artificial Intelligence And Professional Regulation: Use Of AI By Regulators

    AI continues to evolve and reshape all aspects of society. The increased proliferation of AI creates some interesting questions in the context of professional...
    CanadaTechnology
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    OCP Warns About Patient Privacy In Electronic Messaging

    In May 2023, the Ontario College of Pharmacists ("OCP") noted that it has been seeing an increase in the use of unsecured electronic methods by pharmacy professionals.
    CanadaPrivacy
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Ransomware Encryption Of Personal Information Can Be A Privacy Breach

    A recent Privacy Complaint (MR21-00090) before the Information and Privacy Commissioner of Ontario (IPC) expanded the scope of what will be considered a privacy breach for Ontario public sector bodies.
    CanadaPrivacy
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    The Risk Of Civil Lawsuits For Improper Regulatory Action

    A recent decision of the Supreme Court of British Columbia reminds regulators of the importance of completing fair and impartial investigations, and of the possible consequences of improper conduct.
    CanadaLitigation, Mediation & Arbitration
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Information And Privacy Commissioner Orders $2,000 Penalty

    Ontario's Information and Privacy Commissioner has issued its second administrative monetary penalty decision, ordering a hospital clerk to pay $2,000 for unauthorized access to 436 patient records.
    CanadaPrivacy
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Applications Process For Health Centres Under Bill 60 Now Underway

    On June 3, 2024, the Ontario government issued a province-wide call for applications to license community surgical and diagnostic centres to provide MRI and CT scan services.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    The Danger Of Deceit: A Cautionary Tale Of Untruths And Ungovernability

    For regulated professionals, ethical and professional standards are more than guidelines—they are foundational obligations.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    More Than Skin Deep: CMPA Reports On The Medico-Legal Risks Of Cosmetic Procedures

    A recent report from the Canadian Medical Protective Association ("CMPA") regarding the medico-legal risks of performing cosmetic procedures reinforces...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    OHIP Billing Cases Consider A New Category Of Expert Evidence: Litigant's Employee With Expertise

    Two Divisional Court decisions related to billing under the Ontario Health Insurance Plan ("OHIP") provide insight into the consideration of expert evidence by administrative tribunals governed...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Decision Requiring Physician To Repay OHIP Over $600,000 For COVID-19 Vaccines Overturned

    A recent case from Divisional Court overturned the decision of the Health Services Appeal and Review Board (the "Board") requiring Dr. Elaine Ma to repay $600,962.16 to OHIP for COVID‑19...
    CanadaEmployment and HR
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Procedural Fairness In Academic Dishonesty Licensing Decisions

    In Afolabi v. Law Society of Ontario, the Ontario Court of Appeal allowed the Law Society of Ontario’s (LSO) appeal and provided helpful analysis on the scope of procedural fairness owed.
    CanadaLitigation, Mediation & Arbitration
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Recent Interpretation On The Scope Of A Tribunal's Solicitor-Client Privilege And Deliberative Secrecy

    In proceedings before the LAT, the Applicant submitted an affidavit from a former LAT adjudicator, Dr. Karina Kowal, which contained information and internal Tribunal documents that the affiant obtained as a Tribunal adjudicator
    CanadaEmployment and HR
    Rosen Sunshine LLP
    Rosen Sunshine LLP
  • Article

    Draft CPSO Policy Reinterprets Professionalism For Physicians

    This month, the College of Physicians and Surgeons of Ontario (the "CPSO") Council (its board of directors) will review its draft policy.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Rosen Sunshine LLP
    Rosen Sunshine LLP

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