Lisa Spiegel

Partner | Toronto

416.596.2122

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CPSO cautions doctor for “irresponsible” COVID-19 tweets

In a trio of decisions, all released on February 6, 2021, the Inquiries, Complaints and Reports Committee (“ICRC” or the “Committee”) of the College of Physicians and Surgeons of Ontario (“CPSO”) ordered a physician to attend to be cautioned in...

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COVID-19 Efforts Shift to the Protection of Seniors and Vulnerable Persons

Health Management in Canadian Health Care, Volume 22 Number 3

This article, originally published in Miller Thomson’s Health Communiqué, was reproduced in the June 2020 issue of Health Management in Canadian Health Care (LexisNexis). Although the community spread of the COVID-19 pandemic appears to have peaked in the province according...

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New emergency order directed at hospital credentialing processes

On May 1, 2020, the Ontario government issued an emergency order pursuant to 7.0.2(2) of the Emergency Management and Civil Protection Act , having declared a state of emergency on March 17, 2020. This order remains in effect for the...

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COVID-19 efforts shift to the protection of seniors and vulnerable persons

Although the community spread of the COVID-19 pandemic appears to have peaked in the province according to public health officials in Ontario, concern about the spread of COVID-19 in long-term care, retirement and congregate care settings has significantly increased. COVID-19...

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Hospital considerations for professional staff privileging amid COVID-19

Following a March 21, 2020 Order made pursuant to Ontario’s Emergency Management and Civil Protection Act, which applies to health service providers (including hospitals and psychiatric facilities), hospitals are now required and authorized to take any reasonably necessary measures with...

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Divisional Court Confirms that Protecting Patients Act Cannot be Applied Retrospectively

The Protecting Patients Act, 2017 (PPA) sets out amendments to a number of different pieces of legislation. On May 30, 2017, various sections of the PPA, which amend the Regulated Health Professions Act, 1991 (RHPA), came into force. The RHPA...

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In Shuttleworth v Ontario, the Court of Appeal Confirms that Adjudicative Independence must Exist and Appear to Exist in Administrative Tribunals

Ontario legislation has created a number of tribunals to adjudicate matters in the health industry sector, including regulated health professional disciplinary committees, the Consent and Capacity Board, the Health Professions Appeal and Review Board, the Health Services Appeal and Review...

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New Health Minister Directed Order Targets Vaping

On Wednesday, September 18, 2019, Ontario Health Minister, Christine Elliott, ordered public hospitals in the province to begin reporting incidents of vaping-related lung illnesses to Ontario’s Chief Medical Officer of Health. Minister Elliott’s order was issued under s. 77.7.1 of...

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Court of Appeal Confirms that Physicians are Statute-Barred from Claiming for Damages Arising from Hospital Decision to Cease Providing a Service

On Friday, November 2, 2018, the Ontario Court of Appeal, in Beattie v Women’s College Hospital, upheld a lower court decision to dismiss a civil claim for damages made by two physicians on the basis that the action was barred...

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Court Affirms Physician Requirements to Provide Effective Referrals for MAID

On January 31, 2018, the Ontario Divisional Court affirmed that “conscientiously objecting” physicians can be required to provide emergency care and referrals relating to medical services that go against their religious or personal beliefs – such as medical assistance in...

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Stakeholder Consultation on Regulatory Changes to Expand CPSO Oversight of Fertility Services

In February 2017, the Council of the College of Physicians and Surgeons of Ontario (“CPSO”) approved revised proposed regulatory amendments to Part XI of Ontario Regulation 114/94 to the Medicine Act, 1991, which pertain to the “Inspection of Premises Where...

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Bill 87, the Protecting Patients Act, 2016, Proposes Amendments to the Sexual Abuse Provisions in the Regulated Health Professions Act

Bill 87, the Protecting Patients Act, 2016 (Ontario) (“Bill 87”), passed First Reading on December 8, 2016 and, if passed, will amend or repeal five different statutes, including the Regulated Health Professions Act, 1991 (“RHPA”). The proposed amendments to the RHPA...

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Disruptive Behaviour By Physicians: Further Perspectives on an Old Issue

In today’s health care environment of collaborative patient care and an emphasis on the safety of patients, staff and others, health care institutions are expected to be proactive in identifying, preventing and managing disruptive behaviour. Disruptive behaviour by anyone in...

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Minister of Health and Long-Term Care Promises Legislative Changes Relating to Sexual Abuse

Health care professionals are prohibited from engaging in sexual acts, conduct, or behaviour with their patients. It is professional misconduct to engage in such conduct, which is defined as “sexual abuse” in the governing legislation[i]. The legislation attempts to impose...

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Anticipated Overhaul of Quality Oversight to Non-Hospital Medical Clinics

The Minister of Health and Long-Term Care has indicated he intends to implement the recommendations set out in the recently released report by Health Quality Ontario (HQO), pertaining to its review of the quality oversight of non-hospital medical clinics (NHMCs)...

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What Health Industry Clients Need to Know in Relation to Bill C-14 on Medical Assistance in Dying

Bill C-14, An Act to amend the Criminal Code of Canada and to make related amendments to other Acts (medical assistance in dying) (“Bill C-14”), was released today by the Parliament of Canada. Bill C-14 follows the landmark February 6,...

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