Rosen Sunshine’s Top 10 Blog Posts of 2025
Each year, Rosen Sunshine strives to provide its readers with up-to-date analysis of important developments in health and regulatory law in Ontario.
Here we present the top 10 blog posts from 2025 which generated the most interest among our readers.
1. Health Professionals are Responsible for their Employee’s Conduct
Health professionals can be held responsible for their employee's actions or misconduct, including when there is a breach of privacy. In this post, find out the steps health professionals can take to ensure that they comply with their legal and regulatory obligations and properly respond to breaches of privacy if and when they arise.
2. Changes on the Horizon for Canadian Medicare
Changes expanding who can bill OHIP for medically necessary services are anticipated following the announcement of the new CHA Services Policy, which became effective April 1, 2026. The intention behind this change is to prevent patients from paying for access to care that would be insured if it were provided by a physician.
3. Recent Interpretation on the Scope of a Tribunal’s Solicitor-Client Privilege and Deliberative Secrecy
A decision from the Divisional Court provided valuable insight into the scope of a tribunal’s solicitor-client privilege and deliberative secrecy. Derenzis v. Gore Mutual Insurance Co examined several key rulings made by the License Appeal Tribunal regarding statutory accident benefits. This case highlights the tribunal’s authority to control its processes, prevent abuse, and issue orders—including sealing and destroying privileged documents.
4. Boundary Violations Have Consequences
While Apple TV's popular show, Shrinking, makes light of a mental health professional's violation of boundaries with their patients, a recent discipline decision from the College of Physicians and Surgeons of Alberta shows that regulators in the real world don't find such conduct amusing. This blog post discusses the importance of maintaining professional boundaries with patients and the consequences of failing to do so.
5. Complaint Underscores Risks of Billing Outside OHIP: Physicians Take Note
Recent complaints filed by the Ontario Health Coalition on behalf of 50 patients signal growing scrutiny around out-of-pocket charges for publicly insured services. As Ontario broadens access to private clinics for publicly funded care, physicians operating outside OHIP face increasing risk—especially those in private or hybrid models.
6. Artificial Intelligence and Professional Regulation: Use of AI by Regulators
In this third instalment in our AI and Professional regulation series, we explore the benefits, risks, and best practices for regulators using AI.
7. Failing to Complete a Proper Assessment of a Patient Could Lead to Professional Misconduct
Health professionals who provide advice or treatment without a proper patient assessment risk more than just clinical errors—they may face allegations of professional misconduct. A thorough assessment is not optional, it's essential. It protects patients, supports accurate diagnoses, and upholds the integrity of the profession.
8. New CPSO Policy on Consent to Treatment
The CPSO approved a new Consent to Treatment Policy and accompanying Advice to the Profession. These documents provide essential guidance on obtaining and documenting consent, addressing communication barriers, and navigating cultural considerations. In this blog post we explore some important points of interest for physicians and healthcare organizations.
9. Criminal Conviction Need Not Result in Revocation
When a regulated health professional is charged and convicted with a criminal offence, this can have an impact on the professional’s registration and sometimes on their ability to practice their chosen profession at all. This blog post reviews a recent case from the College of Physicians and Surgeons of Alberta’s Hearing Tribunal in which the Hearing Panel decided that the physician could return to practice with terms and conditions placed on her permit.
10. Protect Your Practice Part 1: Regulatory Investigations
Most regulators have powers of investigation, which are an important tool for fulfilling their statutory mandate to govern their respective professions in the public interest. Learn how health care providers can respond to regulatory investigations, protect their practice, and avoid professional consequences.
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