Health Law

Health law covers many different issues ranging from the regulation, discipline and liability of health care professionals to the duty to accommodate persons with disabilities, in relation to their employer, and regulatory College. Health care professionals may face legal proceedings in a variety of different contexts that all relate to the same occurrence in the workplace. We provide proactive advice and defence to health care professionals.

Phil Abbink, Jan Borowy and Danielle Bisnar are the Partners leading Cavalluzzo’s Health Law, Human Rights and Pay Equity Practice Groups. In addition to the years of experience they all have in working with ONA, they each bring unique strengths and experience to providing strategic advice to and litigating on behalf of trade unions and health professionals in a wide range of contexts. 

In addition to their expertise, the firm has a depth of experience and resources in a broad range of areas of law, including: a large civil litigation group led by Stephen Moreau, acting on behalf of unions and workers, including in injunctions and class actions; expertise in election law and government relations; broad experience advising on trade union governance, policies and internal relations; and leading expertise in public law including Charter litigation, inquiries and inquests. Cavalluzzo has recently been joined by Cynthia Crysler, a pensions lawyer with almost 25 years of experience advising unions, plan administrators, OMERS and the Financial Services Regulatory Authority as the head of the firm’s Pension and Benefits Practice Group. We also have a team of associate lawyers with experience advising and litigating on behalf of health care professionals and institutional clients, including Tyler Boggs, Michael Mandarino and Niiti Simmonds.

Longer bios of the Cavalluzzo LLP Health Law practice group leaders can be found:  HERE.

Recent notable representations include:

  • St. Michael's Hospital v Ontario Nurses' Association, a grievance arbitration considering a challenge to Toronto-area hospitals' "Vaccinate or Mask" policy.Arbitrator Kaplan agreed with ONA that the policy was not supported by sufficient scientific evidence, and that the "'ask' that [health care workers] wear a mask for their entire shift for possibly months on end when entirely free of symptoms is completely unreasonable and is contrary to the collective agreement".
  • Long-Term Care Home Public Inquiry, which was established in August 2017 to inquire into the events and circumstances surrounding the death of eight nursing home residents and injury to several others. The Firm represents the Ontario Nurses' Association.
  • Ontario Nurses Association v. Eatonville/Henley Place, 2020 0 ONSC 2467 (CanLII): Cavalluzzo’s team obtained an injunction against four long-term care homes, requiring them to comply with public health Directives, the Collective agreement, and the Occupational Health and Safety Act, by providing nurses with access to N95 respirators, pending the completion of arbitration proceedings.

  • Participating Nursing Homes v Ontario Nurses’ Association, 2020 CanLII 32055 (ON LA):  In relation to over 200 homes represented by ONA, Cavalluzzo’s team obtained an order and award requiring that various measures designed to protect the health and safety of nurses, and reduce the spread of COVID-19, in those homes.

Related Cases

Case/
24 April 2020

Superior Court Judgment - ONA v Eatonville and Henley

A team of Cavalluzzo lawyers obtained an interlocutory injunction on behalf of ONA requiring four long-term care facilities to comply with government...
Case/
6 September 2018

St. Michael's Hospital v. Ontario Nurses' Association, CANLII 82519

Kate Hughes, Philip Abbink  and Tyler Boggs act for the Ontario Nurses' Association in  St. Michael's Hospital v. Ontario Nurses' Associatio...
Case/
8 December 2017

Humber River Hospital v Ontario Nurses’ Association

Philip Abbink acted  for the Ontario Nurses' Association in  Humber River Hospital v Ontario Nurses’ Association, 2017 CanLII 83072 (...
Case/
22 November 2017

E.T. and Hamilton-Wentworth District School Board and Christian Legal Fellowship, Elementary Teachers' Federation of Ontario and Attorney General of Ontario

Kate Hughes and Lauren Sheffield act  for the Intervenor the Elementary Teachers' Federation of Ontario in E.T. and Hamilton-Wentworth District S...
Case/
9 June 2015

Ontario Public Service Employees Union v. Liquor Control Board of Ontario

Ontario Public Service Employees Union v. Liquor Control Board of Ontario, 2015 HRTO 766, a case involving primarily female casual employees, in which...

Related Resources

Event/16 April 2021

“Prescriptions for Obtaining Medical Information: Practical Tips from Practising Lawyers”, Lancaster House, Toronto Human Rights and Accommodation Conference 2016

Danielle Bisnar presented “Prescriptions for Obtaining Medical Information: Practical Tips fro...
News/28 January 2021

New Partner Announcement

Cavalluzzo LLP is very pleased to announce that Niiti Simmonds and Michael Mandarino have joined our...
News/19 January 2021

Province Called on to Close Courts, Move to Remote Proceedings

A group of lawyers, judges and courthouse employees have signed a letter calling on the Government o...
Event/25 June 2020

Phil Abbink Speaks at Osgoode's "LTC and Retirement Homes in the Midst of a Pandemic"

Phil Abbink speaks at Osgoode's" LTC and Retirement Homes in the Midst of a Pandemic".  He will...
Blog/12 December 2018

Theft motivated by addiction not necessarily a firing offence

Toronto employment lawyer Stephen Moreau says a recent arbitration ruling provided a "significant win" for his client and sets in motion gui...
Blog/12 December 2018

Theft motivated by addiction not necessarily a firing offence

Toronto employment lawyer Stephen Moreau says a recent arbitration ruling provided a "significant win" for his client and sets in motion gui...
Blog/12 December 2018

ONA Successfully Challenges Unreasonable Vaccinate or Mask Policy in ONA v St. Michael’s Hospital

In ONA v St. Michael’s Hospital, Arbitrator Kaplan upheld a grievance filed by the Ontario Nurses’ Association (“ONA”) alleging that the introduction ...
Blog/10 October 2018

OCA to decide if hospital’s insurer must defend nurse’s alleged breach

How insurers cover health practitioners in actions involving privacy breaches hinges on an Ontario Court of Appeal (OCA) hearing slated for March, Tor...
News/28 January 2021

New Partner Announcement

Cavalluzzo LLP is very pleased to announce that Niiti Simmonds and Michael Mandarino have joined our partnership.

Cavalluzzo LLP is very pleased to announce that Niiti Simmonds and Michael Mandarino have joined our partnership. We wish them both ongoing success as...
News/19 January 2021

Province Called on to Close Courts, Move to Remote Proceedings

A group of lawyers, judges and courthouse employees have signed a letter calling on the Government of Ontario to shut down in-person court proceedings...
News/19 May 2020

Kate Hughes and Tyler Boggs Present Final Arguments in McWilliam v Toronto Police Services Board

On May 7, 2020, Kate Hughes and Tyler Boggs presented final arguments in the case of McWilliam v Toronto Police Services Board. The case, which involv...
News/27 April 2020

Cavalluzzo Obtains Interim Order against Long Term Care Homes

A team of Cavalluzzo lawyers filed an urgent injunction with the Superior Court requesting an interim order requiring four LTC homes to comply with Di...
News/25 July 2019

ONA Successfully Challenges Arbitration Decision in Divisional Court

In ONA v Cambridge Memorial Hospital and Arbitrator Dana Randall, the Divisional Court set aside an arbitration award involving a nurse suffering subs...
News/7 May 2019

Workplace Bullying and Doctors: How Dr. Horne Fought Back on the CBC Podcast White Coat Black Art

Dr. Horne, a Halifax cardiologist and researcher, was bullied by her coworkers who destroyed her reputation in the process. She spent 14 years fightin...
Event/Jun 25, 2020

Phil Abbink Speaks at Osgoode's "LTC and Retirement Homes in the Midst of a Pandemic"

Phil Abbink speaks at Osgoode's" LTC and Retirement Homes in the Midst of a Pandemic".  He will discuss  the many challenges faced by LTC an...
Event/May 21, 2020: 11:00 - 12:00

Jan Borowy participates in OBA's Webinar: "Long-Term Care: Legal Concerns of Residents, Staff and Homes Health Law"

Jan Borowy participates in OBA's Webinar:  "Long-Term Care: Legal Concerns of Residents, Staff and Homes".  This panel will discuss the curr...
Event/Jan 1, 2016

“Legal Risk Management for Nurses”, Osgoode Professional Development, York University, 2016

Cavalluzzo Presents “Legal Risk Management for Nurses”, Osgoode Professional Development, York University, 2016
Event/Apr 16, 2021

“Prescriptions for Obtaining Medical Information: Practical Tips from Practising Lawyers”, Lancaster House, Toronto Human Rights and Accommodation Conference 2016

Danielle Bisnar presented “Prescriptions for Obtaining Medical Information: Practical Tips from Practising Lawyers”, at Lancaster House fo...
Publication/28 October 2016

Violence in the Healthcare Workplace

Violence in the Healthcare Workplace, 2016, co-authored by Jan Borowy and Elizabeth McIntyre
Publication/1 November 2013

Ignored and Misunderstood: Privacy Rights and Medical Information in the Canadian Workplace

Introduction In 1881, an English Appellate court said: "[I]t is well established that persons do not by virtue of their status as employees lose their...
Publication/1 June 2013

Documentation Issues at the College of Nurses of Ontario - Avoiding Scrutiny from Your Regulator

Documentation Issues at the College of Nurses of Ontario - Avoiding Scrutiny from Your Regulator 
Publication/29 April 2013

Role of the Health Professions Appeal and Review Board | Cavalluzzo

Role of the Health Professions Appeal and Review Board
Publication/2 November 2008

Enough is Enough: Recognizing & Responding to Violence in the Health Care Sector

Violence in the health care sector is pervasive and growing at a disturbing rate. For far too many health care workers (the majority being women and m...
Publication/8 May 2006

The Canadian Institute Implementing PHIPA Conference - An Overview of the Quality of Care Information Protection Act

Initiatives to improve patient safety and quality of care in the Canadian healthcare system have been the subject of several historic reports. These r...