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Do you have what you need to advise on the complex legal issues facing elderly clients?

In long-term care, retirement and community settings, residents have certain rights related to their personal health information. When they become incapable, their substitute decision-maker(s) may use their information to support the residents’ care and can consent to its collection, use and disclosure. Conflicts sometimes arise between substitute decision-makers and the resident’s other family members and friends.

This session will provide an update on new developments in this area, and will also include a brief primer on the Personal Health Information Protection Act and its application. Other topics include:

  • Critical case law update, including decisions of the Information and Privacy Commissioner of Ontario, cases before the courts and in the media
  • New standards addressing unauthorized access and audit functionality
  • Discussion of risk management scenarios, including:
    • Is the client capable to make information decisions?
    • If incapable for that purpose, who is the client’s substitute decision-maker?
    • Can you collect personal health information from a third party, or disclose it to them, such as an adult child who visits often?
    • Disclosing personal health information to reduce or eliminate a significant risk of bodily harm
    • Who makes information decisions once the client dies?

This webinar is part of the Best Practices and Practical Realities: The Osgoode Elder Law Webinar Series.


Series Chair

  • Laura Tamblyn Watts, Chair, Law and Aging Theme Team, National Initiative for Care of the Elderly
  • Mary Jane Dykeman, Dykeman Dewhirst O’Brien LLP

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.


The video stream will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - Program On Demand

Date Recorded
January 14, 2016
Running Time


Fee per Delegate

Individual Session
$150 plus HST

Series (7 Sessions)
$695 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Lawyers working in the areas of wills and estates, estate litigation, family law, elder law and health law
  • In-House Counsel for Long-Term Care or Retirement facilities
  • Managers, Administrators and Operators of Long-Term Care or Retirement facilities
  • Directors of Care
  • Social Workers
  • Risk Managers
  • Patient Care Advocates

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