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.