Background
Barbara Walker-Renshaw is a partner in our Toronto office who was called to the Ontario Bar in 2001. She is a member of the Health Law Group, focusing on litigation, administrative law and medico-legal matters in the health care sector.
Barbara was educated at the University of Western Ontario (B.A. Hons. English, 1977), the University of Toronto (M.A. English Literature, 1978) and Osgoode Hall Law School (LL.B., 1999).
Barbara completed her articles by serving as a law clerk to the Hon. Madam Justice Louise Arbour at the Supreme Court of Canada, 1999 - 2000.
Prior to attending law school, she worked in corporate communications and more recently, in the not-for-profit sector, where she was involved in the delivery of social service programs to women disadvantaged by poverty, sexual assault and domestic violence. Barbara has also volunteered for community service organizations, including participation at the Board of Directors level.
Areas of Practice
· Hospital law generally with a specialty focus on mental health law, including advocacy before the Ontario Review Board, the Consent and Capacity Board, in medical malpractice litigation, Coroners' Inquests and Commissions of Inquiry. Barbara provides general counsel advice on mental health law issues for psychiatric facilities and community hospitals. She also has experience with clinical trial agreements, Research Ethics Boards, hospital by-laws and privacy of health information.
Professional Experience
· Representation of forensic psychiatric facilities before the Ontario Review Board and on appeals of those decisions at the Court of Appeal;
· Representation of health care providers before the Consent and Capacity Board including reviews of findings of incapacity, involuntary and informal admissions, substitute decision making, Community Treatment Orders and admissions to long term care facilities;
· Defending Hospital and hospital staff in civil litigation at all levels of Court in Ontario, including allegations of Charter of Rights violations;
· Representation of an Intervenor in the Starson v. Swayze appeal before the Supreme Court of Canada;
· Representation of health care professionals before College Complaints Committees and the Health Professions Appeal and Review Board;
· Representation of hospital clients, non-profit corporations and health care professionals before Coroner's Inquests and public inquiries;
· General advice to hospitals concerning hospital protocols and policies dealing with a wide variety of medico-legal issues.
Professional and Community Activities
· Member, Canadian Bar Association of Ontario - Health Law Section
· Member, Medico-Legal Society of Toronto
Publications and Presentations
· "Suicide: Risk, Legal and Policy Issues in Ontario Hospitals", presentation at Patient Safety in Mental Health Conference: Shining a Light on Suicide, September 23, 2011.
· "Implications of R. v. Conway (SCC) for hospital counsel appearing before the Ontario Review Board", moderator of panel presentation, Academic Health Sciences Centre, October 2010.
· "Legislative Changes Impacting Mental Health and Addiction Services: An Update", co-author, an Ontario Hospital Association publication, September 2010
· "Clinical and legal issues in assessing Consent and Capacity and their impact on evidence before the Consent and Capacity Board", Presentation to medical and clinical staff at Academic Health Sciences Centre, May 2010.
· "Mental Health Law in Clinical Practice", a Grand Rounds presentation, GTA Hospital, March 12 2010.
· "Consent in Special Contexts: End of Life Decision Making, Human Reproduction and Clinical Trials". Presentation at Osgood Hall Law School 's Certificate program in Health Law, March 5, 2010
· Co-author, "Mental Health Law", Ch. 7, Canadian Health Law Practice Manual, Lexis Nexis, November 2009.
· Co-author, " Coroners Act Being Amended to Add Oversight and Accountability", Health Law in Canada, vol. 30, no. 1, October 2009, pp 23-24.
· "Restraint to Facilitate Treatment: Is it Compatible with Least Restraint Principles?", Journal of Ethics in Mental Health, vol. 4, no. 1, April 2009. (http://www.jemh.ca/issues/v4n1/documents/JEMH_Vol4_No1_Benchmark_Restraint_to_Facilitate_Treatment_Apr09.pdf)
· "Recovery of Damages for Mental Distress: Mustapha v. Culligan of Canada Ltd.", a presentation at the Ontario Bar Association's forum "Critical Issues in Health Law: Case Law and Legislation Update", April 17, 2009.
· "Collection and Disclosure of Personal Health Information in the Mental Health Care Context", a presentation at the "Managing Legal Risks and Responsibilities in Mental Health Care" Canadian Institute Conference, April 2, 2009.
· Co-author, A Practical Guide to Mental Health and the Law in Ontario, an Ontario Hospital Association Knowledge Centre Toolkit (#325), April 2009.
· "A Cross Canada Review of Community Treatment Orders for Psychiatric Illness," a seminar in Dalhousie Law School's Health Law Institute's Seminar Series on Health Law and Policy, November 21, 2008, Halifax, Nova Scotia
· "General Principles of Consent to Treatment: A Refresher on Capacity Law", Presentation, Ontario Hospital Association Conference on Consent Issues in Health Care, May 26, 2008.
· "Research Ethics Boards and the Internet: A discussion of privacy and accountability issues", Presentation to Academic Health Sciences Centre, February 2008.
· "Health Facilities Law", Co-leader and Instructor, Course for Part-time LL.M. in Health Law, Osgoode Hall Law School, October - December 2007.
· "Current Issues in Law and Procedure before the Ontario Review Board", presentation at Mental Health Law Conference, October 24 2007.
· "Consent to Treatment: A Refresher on Capacity Law", presentation at Mental Health Law Conference, October 24, 2007.
· "The Ontario Review Board: An Overview", presentation, September 2007.
· "Privacy Law: An Overview in the Health care sector", presentation to non-profit health care related charity, September 12 2007;
· "Case Comment: B.(C.) v. Sawadsky et al.", in Risk Management in Canadian Health Care, June 2007; a case comment on a recent court decision considering a Form 1 detention under Ontario's Mental Health Act.
· Ontario Hospital Association Course on Principles and Applications of Health Law, four modules on "Preparing to Give Evidence", "Coroner's Inquests: An Overview", "Communicating with the Police" and "Privacy of Personal Health Information in the Mental Healthcare Context", presented to staff at forensic psychiatric facility, May 24, 2007.
· "The 2003 SARS Outbreak: Lessons for Pandemic Planning", Presentation to Defense Research Institute's Medical Liability and Health Law Conference, Atlanta, Georgia, March 9, 2007.
· "Patient Restraint in Emergent Situations," presentation to academic health sciences centre staff, January 2007.
· "The Ontario Review Board: Recent Developments in the Case Law", presentation to medical and Hospital staff at a forensic psychiatric facility, November 2006.
· "Mandatory Blood Testing: An Overview of Canadian Legislation", presentation at First Canadian Conference on The Public's Health and the Law, November 2006.
· "Risk Management During a Pandemic: Looking Back to Plan Ahead" Presentation, March 9, 2006.
· "Consent and Capacity Law", presentation to the Ontario Hospital Association's Health Law Essentials Course, October 2005.
· "Coroners' Inquests: What to expect and How to prepare", presentation to the Ontario Hospital Association's Health Law Essentials Course, October 2005.
· "The Health Care Provider's Response to Woman and Child Abuse: Legal Issues", presentation to the Women's Health Challenge Conference, St. Joseph's Health Centre, September 23, 2005.
· "Managing Legal Vulnerabilities Arising from Adverse Drug Outcomes", paper co-authored with John J. Morris and presented at The Canadian Institute's Drug Safety Summit, June 14, 2005.
· "Consent to Treatment in Psychiatric Facilities", Presentation, Ontario Hospital Association's Mental Health Law Conference, February 3, 2005.
· S.A.R.S.: Risk Management and Medico-Legal Issues", Health Law Bulletin, Borden Ladner Gervais LLP, April 2003.
· "Consent to Treatment: An Overview of the Legal Framework", presentation, Ontario Hospital Association, Health Law Essentials Course, Toronto, April 2003.
· "Effective Health Care Governance", presentation, Ontario Hospital Association Conference for Health Care Trustees, April 2003, London, Ontario.
· "Restraints: An Update", presentation, Ontario Hospital Association Consent to Treatment Conference, Toronto, December 2002.
· "Effectively Implementing a Community Treatment Order", presentation, Canadian Insight Mental Health Law Conference, Toronto, December 2002.
· "Consent to Treatment: An Overview of the Legal Framework", presentation, Ontario Hospital Association, Health Law Essentials Course, Toronto, October 2002.
· "Co-operating with the Police and Coroner's Investigations: Special Issues for Mental Health Service Providers", in-service training presentation to Mental Health Program members at client hospital, June 2002.
· "Electronic Sharing of Personal Health Information", Presentation to Ontario Hospital Association Conference: Round 3: Ontario's New Draft Privacy Legislation, Toronto, Ontario, May 30, 2002.
· "Co-operating with the Coroner: An Overview", HIROC Risk Management Bulletin article, May 2002.
· "Community Treatment Orders: The Standard of Review and the Constitutional Challenge", Borden Ladner Gervais Health Law Group, Hospital Law Report, October 2001.
· "Ontario's New Patient Restraints Minimization Act, 2001: Codifying a Policy of Least Restraint", Paper presented at Ontario Hospital Association Conference, Risk Management: Avoiding Perils and Pitfalls, London, Ontario, September 12, 2001.
· Co-author, with Arthur Fish, "Liability and Shared Psychiatric Care"; presented at the 2nd annual conference on Shared Care sponsored by St. Joseph's Health Care Centre and Ontario's Ministry of Health and Long Term Care, June 7, 2001.
· Co-author with William D.T. Carter, "Causation and Fetal Asphyxia: An Update"; presented at the Canadian Institute Conference, Reducing the Risk of Obstetric Malpractice, March 27, 2001.