Health Law

Owners, operators, professionals and managers in the health care sector face a range of legal issues every day. Professional complaints must be responded to and discipline matters must be defended. Appropriate premises must be purchased or leased. Operating licenses must be secured and compliance requirements met. Contracts must be negotiated with suppliers. Collective agreements must be negotiated with unions. Privacy of patient information must be protected. Workplace disputes must be settled or fought. Human rights issues must be tackled. Several different areas of legal expertise are engaged when operating health professional practices and facilities in Ontario. For that reason, our Group is comprised of lawyers with expertise in regulatory compliance, professional discipline, litigation, real estate, business law, labour relations and employment, privacy, and technology and data management.
With Torkin Manes, you only need to make one call to have our full range of legal skills and experience at your service. We have organized ourselves to serve the legal needs of the health care sector in every respect, including specialised areas unique to regulated health professionals, long-term care facilities and retirement homes. We understand not only the legislative requirements but also the day-to-day operational challenges facing each of these individuals and institutions.

Health Professionals

At Torkin Manes, we routinely offer legal advice and representation to all regulated health professionals in Ontario. We have extensive experience representing health professionals in disputes with their regulatory bodies (the “Colleges”), where we work to avoid litigation if possible, but aggressively defend our clients when necessary. We also regularly represent clients in public hospital disputes and in civil litigation.

Our services include:

  • Drafting of responses to formal complaints made to the Colleges
  • Drafting of responses to formal investigations commenced by the Colleges
  • Defending health professionals at formal hearings before the Colleges’ Discipline Committees
  • Defending health professionals at formal hearings before the Colleges’ Fitness to Practice Committees
  • Drafting of submissions to, and appearances before, the Colleges’ Registration and/or Accreditation Committees
  • Representing health professionals at formal hearings before the Medical Advisory Committees and Boards of Directors of public hospitals
  • Representing health professionals in all manner of disputes with insurers
  • Representing health professionals at appeals and reviews before the Health Professions Appeal and Review Board
  • Representing health professionals in court on appeals from all types of administrative decisions, including those referenced above
  • Representing health professionals in all manner of civil litigation

For more information with regards to our Health Professionals Practice, contact Neil M. Abramson, Practice Group Lead.

Health Facilities

For many years, Torkin Manes has represented the interests of long-term care facilities and retirement homes across the province – from small operators to large chains. We are very knowledgeable about the various statutes which regulate your homes and understand how they affect your operations, employees and residents. We know how to deal with government ministries and other regulatory bodies and we can assist with statutory compliance. Our services include:

  • Assisting with licensing applications and related issues
  • Preparing residency agreements, unfunded services agreements, information packages and policies
  • Certifying regulated documents
  • Advising on all matters of compliance including resident rights, care and safety standards, mandatory reporting, and hiring and training of staff
  • Dealing with reviews and appeals of inspection and Director’s/Registrar’s orders, including to the Divisional Court
  • Advising and preparing submissions on proposed changes to legislation and accountability agreements
  • Responding to requests for access to and disclosure of resident information and records
  • Negotiating data sharing and network sharing agreements with third parties
  • Assisting with employee discipline and dismissal, including grievances, complaints and wrongful dismissal proceedings
  • Dealing with residential tenancy disputes, including under the Residential Tenancies Act
  • Advising on sensitive situations involving residents, substitute decision-makers and family members
  • Conducting investigations into complaints and workplace disputes, including allegations of abuse, discrimination, harassment, and theft

For more information with regards to our Health Facilities Practice, contact David M. Golden, Practice Group Lead.

Our lawyers also understand how to negotiate the acquisition, sale and financing of health care businesses, including health care facilities, medical and dental practices and medical laboratories, while protecting the rights of the buyer or seller.

Our Health Law Group meets regularly to update each other on changes in legislation affecting the industry and discuss ways in which our clients can be served efficiently and cost-effectively. We offer seminars on legal matters of specific concern, bringing together our unique combination of litigation, labour and employment, business, real estate, and health law experience to help our clients achieve maximum efficiencies and sound regulatory compliance.

The lawyers who comprise our Health Law Group are recognized leaders in the profession, widely published, and frequently invited to participate in government task forces and industry conferences.

Date Title Related Lawyers Type

July 2018

Report Recommends that the College of Physicians and Surgeons of Ontario Change How it Investigates Complaints & Investigative Reports

Health Law Matters, Lexis Nexis

Robert Barbiero


February 2018

Current Issues: Medical Assistance in Dying

Speaker, Ontario Bar Association Institute , February 9th 2018

Lisa Corrente


February 2018

Bill 87: Protecting Patients Act, 2017

Moderator, OBA Health Law Program - Emerging Risks in Health Law, February 9th 2018

Lindsay Kantor


January 2018

Seminars in Advanced Health Care Topics

Guest Faculty, Canadian Memorial Chiropractic College, Winter 2018

Robert Barbiero


November 2017

Social Media & Online Defamation

Legal Issues Affecting Dentists Today, Torkin Manes Health Law Program

Lindsay Kantor


October 2017

Recent Changes to the Health Professions Procedural Code: Their Impact on Inquiries Complaints and Reports Committees and Discipline Committees

Medico-Legal Society of Toronto, A ‘Pot Pourri’ of Medico-Legal Cases

Lindsay Kantor


June 2017

The Protecting Patients Act, 2017: What Regulated Health Professionals Need to Know

Torkin Manes Legal Point

Lindsay Kantor


January 2017

Consent and Capacity

Facilitator at the University of Toronto Faculty of Medicine

Lindsay Kantor


October 2016

Careers in Health Law Panel

Health Law Club at the University of Toronto Faculty of Law

Lindsay Kantor


June 2016

The Four Phases of Physician Assisted Dying

Torkin Manes In-House Professional Development Seminar

Lindsay Kantor


More Publications

Neil M. Abramson

Practice Group Lead

Tel: 416 777 5454  Fax: 1 888 603 4589

David M. Golden

Practice Group Lead

Tel: 416 777 5408  Fax: 1 888 812 2558

Robert Barbiero

Tel: 416 775 8829  Fax: 1 888 603 4586

Howard Burshtein

Tel: 416 777 5456  Fax: 1 888 732 6506

Lisa Corrente

Tel: 416 643 8800  Fax: 1 888 554 6180

Aaron M. English

Tel: 416 643 8811  Fax: 1 888 554 6181

Lindsay Kantor

Tel: 416 643 8806  Fax: 1 888 823 9022

Irv Kleiner

Tel: 416 777 5403  Fax: 1 888 603 4593

Peter C. Straszynski

Tel: 416 777 5447  Fax: 1 888 587 5766

Practice Group Lead(s)

Neil M. Abramson 416 777 5454
David M. Golden 416 777 5408

Practice Group Lawyers

Robert Barbiero 416 775 8829
Howard Burshtein 416 777 5456
Lisa Corrente 416 643 8800
Aaron M. English 416 643 8811
Lindsay Kantor 416 643 8806
Irv Kleiner 416 777 5403
Peter C. Straszynski 416 777 5447
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