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Publications/Articles

Ontario Hospitals Need to Adopt a Just Culture

August 11, 2023

Hospital administrators wield great power over physicians to whom they grant hospital privileges to practice in their public institutions. It thus ...

Ontario doctors’ association wants to open doors to US trained physicians

March 27, 2023

There are various reasons why physicians who are trained and licensed in the United States would want to practise in Canada. Higher salaries and le...

Provincial cuts to virtual care: The wrong move

March 21, 2023

At least one media outlet has reported that, at the end of March, the Ontario government will cut funding that allows ER doctors to provide virtual...

Ontario puts the welcome mat out for out-of-province healthcare workers

January 26, 2023

Recently announced plans by Ontario to welcome more healthcare professionals from other provinces is overdue and great news for Ontario p...

Collaboration between Ontario Health and College of Nurses of Ontario addressing critical staffing challenges in healthcare settings

January 25, 2023

Foreign Nursing Fast-Track Initiative This sidestepping of the usual rules regarding nurse certification is welcome news and comes after collaborat...

Foreign physician accreditation project: Looking overseas to alleviate the Canadian medical staffing shortage

January 24, 2023

What is the foreign physician accreditation project? Efforts being made by the Royal College of Physicians and Surgeons of Canada to enco...

Canadians should be allowed to fund their medical residency

January 11, 2023

Most Canadians are aware Canada needs more medical doctors. What they might not realize is that residency issues are creating a real bottlenec...

Nurse practitioners can relieve Canada’s doctor shortage

July 22, 2022

If Canada is serious about addressing the shortage of primary health-care providers, the federal and provincial governments must commit to a new funding model for nurse practitioners (NPs). And soon.

It’s time for Canada to go ‘Dutch’ on health care

June 24, 2022

Canada’s current model for providing health care is unsustainable. Despite having one of the highest per-capita spending levels of developed countries, long wait times, overcrowded emergency departments and a shortage of family doctors are issues plaguing most communities across the nation.

How to help Ukrainian health professionals

March 14, 2022

The unjustified and abhorrent terror on Ukraine is an attempt to wipe out the history of Ukraine. Erasing history is how history will be permitted ...

Reigns of Unreasonableness in Public Hospitals

August 20, 2021

Abstract The administrative structure of Ontario hospitals centralizes power into the hands of a few key players – and physicians who practic...

William Osler discipline of doctor an egregious abuse of power

February 09, 2021

Abstract The decision by the William Osler Health System to strip a physician of a medical director role after he criticized the province’s h...

The Problem with the Presumption of Expertise on a Home Statute Interpretation

April 28, 2017

Abstract Judicial review of decisions made by administrative decision-makers serves as a safeguard to ensure that public decision-makers are operat...

The Regulation of Professional Penalties for Physicians & Surgeons in Ontario

April 28, 2017

Introduction In January 2015, the Minister of Health and Long-Term Care (the ‘Minister’), Dr. Eric Hoskins, appointed a Task Force on t...

When is a Bargaining Agent not a Bargaining Agent in Democratic Society

August 02, 2016

Introduction Union membership is supposed to offer greater bargaining power for employees who join the union and surrender to the bargaining agent ...

"Private" Health Care in Ontario - Current Status and Future Outlook

May 03, 2007

Paper originally presented at OBA Program entitled: "Critical Issues in Health Law: A National Summit" in May 2007 and reproduced with OBA permissi...

New OHIP Audit Provisions - For Better or Worse

January 01, 2007

Recent announcement of the amendments to the OHIP Audit Provisions requires more than a brief statement saying “A New Fair Audit System Propo...

Submissions Before the Red Tape Commission Regarding Regulatory Changes to the MRC Process

December 01, 2002

INTRODUCTION Today I propose to discuss selected regulatory changes to the Medical Review Committee that have reduced the MRC to a process-driven v...

A Renewed Medical Review Committee: A New Legal Accountibility for Ontario's Physician's

February 01, 2002

The Ontario Health Insurance Plan’s billing audit process, as administered by the Medical Review Committee (MRC), has recently undergone subs...

Amendments to Child Protection Legislation: New Legal Accountablity for Physicians

October 31, 2000

In Ontario’s past and present child protection legislation, physicians are included in the list of professionals designated to protect children and report their beliefs, suspicions, or knowledge of child abuse and neglect. Ontario’s recent legislative amendments broaden the definition of child abuse and thereby widen the scope of the duty to report.

Testimonials

Several years ago I was fortunate enough to have been selected as a Tremayne-Lloyd Fellow here at Western Law. I used the funds to finish a book and to begin work on a new one. It dawned on me far too late that I had never thanked you for that splendid gift. The new book is to be published by Harvard Press in 2010. The TTL Fellowships provided ritual seed capital for this project, which required me to spend a good deal of time and money at The National Archive in Washington. Again, with many thanks.

R. W. Kostal Professor of Law and History

Tracey Tremayne-Lloyd Health Law