Capacity

Capacity is a very important topic when dealing with POA issues. During this podcast, lawyers Rosen and Sunshine give us an overview of capacity in Ontario. During our conversation, they help us understand more about:

What do we mean when we talk about capacity?
The different tests for and approaches to capacity
Capacity under the Substitute Decisions Act
Capacity principles from the Health Care Consent Act
Capacity Assessments
Principles from the Case law / Real Life examples

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About Lonny J. Rosen, C.S. & Elyse Sunshine

Lonny J. Rosen* is certified by the Law Society of Upper Canada as a Specialist in Health Law. He advises individual, corporate and institutional clients with respect to health care legislation and policies, and represents clients in a wide range of civil and administrative proceedings. He regularly represents health professionals in complaint and discipline matters, investigations, audits and peer reviews, hospital privileges disputes and in hearings before various health tribunals. Lonny advises clients on a wide variety of health law issues, including with respect to privacy, the delivery of private health care and other aspects of practice management. His clients include health care professionals, administrators of health care facilities, professional associations, and individuals.

In 2012, by Order in Council, Lonny was appointed to the Consent and Capacity Board, an independent body created by the provincial government which conducts hearings under legislation such as the Health Care Consent Act and the Mental Health Act. In this capacity, he presides over hearings of applications by individuals whose involuntary status in hospital or whose capacity to consent to treatment or admission to a care facility is in issue.

Lonny is a leader of the health law bar, having served as Chair of the Health Law Sections of both the Canadian and Ontario Bar Associations, and as Program Committee Chair of the Medico-Legal Society of Toronto, and now serving as a member of the Board of Directors of The Advocates’ Society and as a Member of the Executive of the CBA Health Law Section. For six years, Lonny served as a member of the Hospital for Sick Children’s Research Ethics Board. He is currently a member of the Canadian Hospice Palliative Care Association’s Advance Care Planning Task Group, through which he helps to promote advance care planning in Canada. He is also an active member of the Society for Ontario Adjudicators and Regulators (SOAR) and of the Medico-Legal Society of Toronto. Lonny frequently writes and speaks on health law issues, including as a faculty member for Osgoode Professional Development’s Certificate Programs in Health Law and Mental Health Law and as co-Director for the Osgoode Certifcate in Professional Regulation and Discipline in the Ontario Health Sector.

Lonny was named to “Best Lawyers in Canada” for Health Care Law for 2014 and 2015.

* Practicing as a professional corporation and Certified by the Law Society of Upper Canada as a Specialist in Health Law

Elyse Sunshine* assists health care professionals, health associations and organizations by providing advice and opinions with respect to regulatory, administrative and civil matters. Elyse has experience in assisting various health professionals including:

•Physicians

•Dentists

•Pharmacists

•Psychologists

•Occupational therapists

•Chiropractors

•Optometrists

•Midwives

•Chiropodists and Podiatrists

•Kinesiologists

•Technologists

•Respiratory therapists

Elyse has assisted professionals with matters before the various levels of court and tribunals, including the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board and the Human Rights Tribunal. Elyse also assists health professionals and organizations with inspections and audits, including quality assurance reviews, independent health facility inspections and out-of hospital premises assessments. In addition to her advocacy practice,

Elyse regularly provides opinions and general advice to individuals and organizations, such as associations of health care professionals.

Elyse is very active in the health community and serves as a member of the Research Ethics Board at Holland Bloorview Kids Rehab and is a founding Board member of the David Cornfield Melanoma Fund. Elyse is also a member of the Medico-Legal Society, the Ontario Bar Association, and the Advocate’s Society. She frequently presents to health professional groups on issues relating to health law and professional regulation.

Elyse was named to Best Lawyers Canada for Health Care Law for 2015.

* Practicing as a Professional Corporation

We are experienced and skilled in our practice area and are widely known as being professional yet approachable.

We’re Here to Help.

Rosen Sunshine LLP

Our Clients

Our clients include health care professionals, health care facilities, organizations and associations, operators and administrators of health care facilities, and individuals who require advice or representation in connection with a dispute or proceeding.

The health care professionals we advise and represent include:

Physicians
Dentists
Pharmacists
Psychologists
Nurses
Physiotherapists
Occupational therapists
Massage therapists
Kinesiologists
Veterinarians
Audiologists and speech language pathologists
Dieticians
Podiatrists and chiropodists
Respiratory therapists
Hygienists, technicians and technologists
Midwives
Naturopath
Homeopath
Social workers
Psychotherapists
Chiropodists and podiatrists
Denturists
Opticians
Optometrists
Rehabilitation Specialists

We also advise and represent professional associations, health care organizations and facilities, and owners and operators of health care facilities, institutions and clinics.

Our Firm

Rosen Sunshine LLP was established in 2011 as a boutique health law firm. Our mission is to provide our clients with strategic, practical advice and fearless representation with any matter entrusted to us. We aim to provide clients with the highest level of service but to meet our clients’ needs in a cost-effective manner. Our practice includes all areas of health law advocacy and advice.

Who We Help

Health professionals

Healthcare clinics, facilities, owners & staff

Independent Health Facilities
Community Health Clinics
Out of Hospital Premises
Private or executive health clinics
medical marijuana clinics
business owners, senior managers of above

Healthcare organizations and associations

Professional Associations
Family Health Groups/Organizations/Teams
Board Members and Officers of Above

Healthcare agencies and institutions

children’s mental health agencies
addiction agencies
senior management, clinical directors, privacy officers of above

Regulatory bodies

Other professionals and individuals

We pride ourselves on our personal service and dedication to handling your affairs with the utmost care and discretion.

How We Help

Professional Regulation and Discipline on behalf of Registrants

College Complaints
College Discipline Proceedings
Peer Reviews
Quality Assurance Proceedings
College Fitness to Practice Proceedings
College Investigations
Appeals of Decisions of Regulatory Bodies
Health Professions Appeal and Review Board Reviews and Appeals
Assistance with Registration and Licensure
Representation in matters before various tribunals including the Health Services Appeal and Review Board, the Human Rights Tribunal

Professional Regulation and Discipline on behalf of Regulators

Serving as Independent Legal Counsel to Discipline panels
Providing training to Discipline and ICRC panel members
Providing training of College staff
Reviewing and drafting Rules of Practice

Hospital Privileges Challenges

Hospital Complaints and Privileges Challenges and issues with administration
Advising professional staff with respect to internal complaints and interpersonal disputes

Opinions and Advice

Opinions respecting legislation, policy and legislative developments, etc.
Advising with respect to new ventures in health care
Regulatory advice
Health Care billing issues
Contracts and Agreements
Hiring, employment contracts, termination issues and other employment issues from a health regulatory perspective
Compliance with College guidelines and professional standards
Assistance of staff/members with professional legal issues
Assistance with submissions to Government
Preparation of practice forms and templates
Preparation of office policies and protocols
Preparation of Policy and Procedure Manuals
Preparation of Toolkits, Model Policies, and Education Materials
Preparation for Audits and Inspections
Private and Alternative Models for delivery of care
Research Ethics
Workplace harassment and discrimination issues
Human Rights complaints
Assistance with Advertising in health care