BORDEN LADNER GERVAIS LLP IS YOUR ONE STOP FOR LEGAL SERVICES.

At Borden Ladner Gervais, we are uniquely equipped to meet the needs of today’s health care organizations. Our lawyers practice in all of the areas of law in which hospitals and health care organizations may need advice, including health, corporate commercial and governance, information technology, labour and employment, construction, and commercial real estate. Our lawyers also provide specialized advice to hospital foundations. As one of Canada’s most respected law firms, we attract the best and brightest minds in the legal profession. And we provide our clients with a depth and breadth of experience and expertise that no other firm can match.

Our HEALTH LAW GROUP is the largest and most comprehensive health law practice in Canada. We provide legal services to over 215 health care institutions in Ontario, and provide our clients with prompt and informed advice on a day-to-day basis. Because of the volume of work we do in this area, we are able to provide a service that is efficient and cost-effective. We can provide you with advice and representation on the entire range of health law issues you encounter, including:

  • hospital policies and procedures
  • privacy law, patient confidentiality, and access to health records
  • risk management and quality assurance programs
  • adverse event disclosure and “lookback” reviews
  • physician credentialing
  • interactions with the police
  • substitute decision making, consent to treatment, and palliative care issues
  • coroner’s inquests and matters before the Consent and Capacity Board, the Ontario Review Board, and professional discipline bodies

Contact John Morris • (416) 367-6241 • jmorris@blgcanada.com

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Our CORPORATE COMMERCIAL AND GOVERNANCE GROUP provides advice and representation to a large number of hospitals, hospital foundations, and other health care organizations on a range of corporate and commercial matters, including accountability agreements, governance, contract negotiation and review, partnerships with the private sector, commercialization, and corporate reorganizations. As well, we have a longstanding relationship with the Ontario Hospital Association and work regularly with it on matters relating to health policy and legislation. We can provide advice to hospitals on an array of issues, including:

  • by-laws
  • directors’ and officers’ fiduciary duties
  • board restructuring
  • board governance issues and governance policies
  • governance and other issues that arise in the wake of hospital mergers, amalgamations, and restructurings
  • the use of subsidiary corporations
  • outsourcing, “partnering”, and franchising agreements for services such as laundry, food, maintenance, purchasing, laboratories, and sterilization
  • request for proposal documents and procedures
  • insured and uninsured services
  • intellectual property issues
  • family health teams
  • shared service arrangements

Contact Anne Corbett • (416) 367-6013 • acorbett@blgcanada.com

 

Our FOUNDATIONS ADVISORY GROUP offers the expertise and experience that today’s hospital foundations need. Foundations have become a crucial element in our health care system, and they operate in a highly regulated, challenging environment. We provide numerous hospital foundations with timely and practical advice on the tax, trust, and charity law issues that arise in raising and managing funds. Our expertise also extends to corporate and governance issues, especially in helping our foundation clients maintain the appropriate balance between supporting the hospital they serve and preserving their independence. We can advise foundations in connection with:

  • donation agreements, capital campaigns, planned giving, and large structured gifts
  • proposed revisions to the Income Tax Act, disbursement quotas, donations-in-kind, GST, PST, and municipal taxation
  • complying with trust and charity law and responding to Ontario’s new Local Health Integration Network legislation
  • applying to the Public Guardian and Trustee and the courts to clarify or vary existing trusts and endowments
  • structuring business interests and investment opportunities to maximize foundation revenues while complying with the Income Tax Act
  • establishing and re-organizing charitable foundations, especially in connection with hospital mergers
  • safeguarding foundations’ interests as beneficiaries of estates
  • dealing with vulnerable, elderly donors
  • contentious estate and tax matters

Contact Arthur Fish • (416) 367-6178 • afish@blgcanada.com

 

Our INFORMATION TECHNOLOGY GROUP is home to a health informatics practice that is second to none. Our lawyers and patent agents understand the terminology, technology, and business environment of the health informatics field. We can help hospitals and health-related organizations with the following:

  • addressing procurement issues, including the development and review of requests for information and requests for proposals
  • acquiring and licensing the hardware, software, and information technology-related services you need to support your information technology needs, including in respect of the electronic health record
  • entering into information technology outsourcing agreements
  • developing and spinning-off technology
  • complying with privacy laws
  • entering into telecommunication and network services agreements
  • providing and receiving web-related and tele-health services
  • developing bioinformatics projects
  • acquiring PACS and eMPI solutions
  • resolving information technology issues through dispute resolution

We also assist groups of health care institutions to obtain information technology services for and as among themselves.

Contact Mark Fecenko • (416) 367-6711 • mfecenko@blgcanada.com

 

Our LABOUR AND EMPLOYMENT GROUP has unsurpassed skills in labour relations and employment law matters on behalf of public hospitals and in the health care sector. We advise clients on a whole range of labour law issues (involving unionized workplaces and employees) and employment law issues (involving non-unionized workplaces and employees), including:

  • employment contracts
  • employee discipline and termination
  • human rights issues
  • employment standards requirements
  • collective agreement negotiations
  • issues that arise in the face of hospital mergers and franchising agreements

In addition, we represent our clients in matters before various tribunals and all levels of court, such as:

  • labour arbitrations, including with respect to discharge, discipline, and contract interpretation
  • constructive and wrongful dismissal lawsuits
  • hearings before the Ontario Labour Relations Board
  • matters before the Human Rights Tribunal of Ontario
  • proceedings before the Workplace Safety and Insurance Board and Appeals Tribunal

Contact Brian Mulroney • (416) 367-6009 • bmulroney@blgcanada.com

 

 

Our CONSTRUCTION LAW GROUP is the largest such group in Canada. We represent clients in all phases of the implementation of capital planning project approvals and Ministry of Public Infrastructure Renewal (“MPIR”) requirements. We also assist our hospital clients with all aspects of the construction redevelopment process, including:

  • project delivery and procurement models, including negotiating with the Ministry of Health and MPIR in respect of such issues
  • project tenders, including drafting tender documents to ensure that they address the unique nature of hospital construction
  • working with architects to anticipate project-specific issues
  • drafting contracts
  • insurance issues
  • the Occupational Health and Safety Act
  • the default or insolvency of contractors and sub-contractors, bonding claims, warranty claims, and issues involving the Construction Lien Act
  • the unanticipated day-to-day issues that arise during the course of a construction project

Contact Richard Shaban • (416) 367-6262 • rshaban@blgcanada.com

Our COMMERCIAL REAL ESTATE GROUP has expertise in all areas of commercial real estate law, and has extensive experience working with hospitals. We can assist you with the following:

  • addressing issues regarding land assemblies, land acquisition and disposal, and land use evaluation, including zoning and environmental matters and property tax issues
  • entering into private sector contracts for development and construction
  • negotiating “partnering” agreements to obtain furniture, fixtures, and equipment
  • forging development agreements with municipalities
  • obtaining approvals internally, from government ministries, and from municipalities
  • financing
  • creating public-private partnership solutions

We also work with an extensive network of independent engineering firms who can provide quick and economical responses to issues that arise during commercial real estate projects.

Contact David Mydske • (604) 640-4123 • dmydske@blgcanada.com

 

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