Cynthia (Cindy) Clarke: Lawyer with Borden Ladner Gervais LLP

Cynthia (Cindy) Clarke

Partner
Toronto,  ON  Canada
Phone416.367.6203

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Experience & Credentials
 

Practice Areas

  • Health Advocacy
  • Class Actions
  • Product Liability
  • Healthcare Risk Management
  • Medico-Legal Defence
  • Mental Health Law
 
University University of Western Ontario Huron University College,, B.A., Philosophy, 1993
 
Law SchoolUniversity of Western Ontario, LL.B., 1997
 
Admitted1999, Ontario
 
Memberships 

Professional Involvement
•Member, Ontario Bar Association, Health Law and Civil Law sections
•Member, The Advocates' Society
•Member, Medico-Legal Society of Toronto
•Program Director, Certificate in Health Law, Osgoode Hall Law School, committed for 2013, 2012, 2011 and 2010
•Advisor/Instructor, M.Sc. in Quality Improvement and Patient Safety, University of Toronto; Instructor, Risk Management

Community Involvement
•Advisor, Pro Bono Law Ontario and Sick Kids Legal Clinic
•Past President of Volunteer Board, Canadian Mothercraft Society

 
Biography

Cynthia (Cindy) is National Group Head of Specialized Litigation. Cindy is also a member of the Firm's National Management Committee. A member of the Firm's Health Law Group and Class Actions Group, Cindy appears before all levels of court and various administrative tribunals, including the Consent and Capacity Board, the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board, and the Human Rights Tribunal.

Cindy defends hospitals, Community Care Access Centres (CCACs) and other health organizations in many medical malpractice actions on behalf of the Healthcare Insurance Reciprocal of Canada. She also represents health and service organizations in court and before administrative tribunals. In addition, Cindy is involved in defending several product manufacturers in multi-million dollar product liability actions involving pharmaceuticals and other products with health effects.

Publications & Presentations
•Speaker, Strategic Pro Bono Litigation: How to Spare Some Change, Panelist at Plenary Session, 5th Annual National Pro Bono Conference, September 2014.
•Speaker, Best Practices in Physician Annual Reappointment, Performance Management and Disruptive Behaviour, HIROC Annual Risk Management Conference, April 2014 (with Dr. H. Stern, CEO of the CMPA).
•Speaker,Legal Counsel Perspective on Presenting and Defending a Claim, HIROC Annual Risk Management Conference, April 2014 (with Richard Halperin, Thompson Rogers) .
•Speaker, What CCACs Can Learn From Recent HSARB Decisions, OACCAC Annual Conference, June 2014 (with Wendy Whelan, June 2014).
•Panelist, Developing your Skills to become a Leader, Justica Symposium, May 2014
•Speaker, Role of Documentation in Malpractice Litigation- Lessons Learned from a Recent Trial Experience, William Osler Hospital, March 2014.
•Guest Lecturer, Who Does What: How Legislation Influences Actions of Organizations in the Health Care System- A Review of the Management of Hospital Discharge, University of Toronto, MSc- Patient Safety Health Law Session, February 2014.
• Guest Lecturer, Legal Issues of Medical Errors, University of Toronto, MSc- Patient Safety Health Law Session, February 2014.
•Speaker and Panelist, Legal Issues of Medical Errors, Canadian Winter School on Quality and Safety in Radiation Oncology, January 2014.
•Co-Program Director, Osgoode Law School Health Law Certificate course, March to May 2014 (with Wendy Whelan).
•Speaker, Understanding Consent and Capacity Issues in Long Term Care, OANHSS Annual Conference, September 2013 (with Kate Crawford).
•Speaker, Who Does What: Effective Management of Hospital Discharge, OACCAC Annual Conference, June 2013 (with Cathy Hecimovich).
• Speaker, When and Why Call the Office of the Public Guardian and Trustee, OHA Webcast, May 2013 (with Saara L. Chetner, Legal Counsel Public Guardian and Trustee, moderated by Dale Clement, Halton Healthcare)
•Co-Program Director and Speaker, Health Services Appeal and Review Board, Osgoode Health Law Certificate, April 2013.
•Speaker, Overview of Mental Health Law in Canada, Osgoode Certificate in Mental Health Law, April 2013.
•Guest Lecturer, ALC: Managing the Transitions to Care-How Legislation and Placement are Related, University of Toronto, MSc- Patient Safety Health Law Session, February 2013.
•Speaker, Clinical Negligence, Liability Claims and Litigation- Defence Best Practices, Osgoode Health Law Certificate, January 2013.
•Program Director and Speaker, The Osgoode Certificate in Health Law, Osgoode Hall Law School, Professional Development, York University, 2010, 2011, 2012 and 2013.
•Author, Law for Canadian Health Care Administrators, 2nd Edition, LexisNexis Canada, 2011 (with John J. Morris).
•Speaker, ALC: How Legislation and Placement are Related, OHA Webcast, September 2012.
•Speaker, Managing Difficult Situations: Legal Perspectives, and A Questionable Substitute Decision Maker (SDM) - What is the role of the CCAC OACCAC Conference, June 17-19, 2012.
•Speaker, NSM CCAC Seniors Care - Legal Issues, North Simcoe CCAC Ethical/Legal Conference on Seniors Care, April 2012
•Speaker, Defence Strategies - Clinical Negligence, Liability Claims and Litigation, Mental Health Law course, Osgoode Professional Development, January 2011 and 2012.
•Speaker, Legal Framework and Analysis, NSM CCAC Client Safety Day, November 2011
•Speaker, Medical Malpractice - What It Means for CCACs And Their Employees, May 2010.
•Speaker, Conducting a Capacity Assessment and Preparing Your Case for the Consent and Capacity Board and When Can A CCAC Draw The Line A Review Of A HSARB Decision, OACCAC Conference, June 2009.

Rankings & Recognitions
•SelSelected by peers for inclusion in the 2015 edition of The Best Lawyers in Canada (Health Care Law).
•Recognized by the 2014 Lexology Client Choice Awards as the exclusive winner in the Healthcare & Life Sciences category in Canada and Ontario.
•Recognized by the 2013 Lexology Client Choice Awards as the exclusive winner in the Healthcare & Life Sciences category in Ontario.
•Recognized in the 2014 and 2013 editions of The Canadian Legal Lexpert Directory (Medical Negligence).
•Recognized as one of Lexpert 's Rising Stars: Leading Lawyers Under 40 in 2008.

Publications
•Acting as defence counsel in several current multi-million dollar class actions and a healthcare costs recovery action. For example, currently defending a pharmaceutical company in a class action alleging misrepresentation of safety profile and efficacy of the drug.
•Represented a Regional Autism Program run by Hamilton Health Sciences in a Judicial Review Application by a family seeking to prevent the Program from discharging a child from its services Ceretti v. Hamilton Health Sciences-McMaster Children's Hospital, 2010 ONSC 252 (CanLII).
•Represented the Central CCAC in the only inquest in Ontario to investigate the long-term care sector - the El Roubi/Lopez Inquest which inquired into the deaths of Mr. Lopez and Mr. El Roubi following an assault by another resident.
•Represented Purdue Pharma in King/Bertrand inquest inquiring into the use and misuse of OxyContin arising from the deaths of Mr. King and Ms. Bertrand.
•Regularly assist senior hospital leadership and Medical Advisory Committees on physician privileges issues.
•Advise hospital leadership on managing disruptive physician behaviour and quality of care issues.
•Representing the majority of Ontario's CCACs on a variety of issues including difficult discharge situations and challenging substitute decision-makers.
•Advising hospitals and CCACs on consent and capacity issues, specifically in regard to steps to be taken when a substitute decision maker is not fulfilling his or her legal obligations
•Assisting hospitals and CCACs in responding to human rights complaints relating to access to treatment and manner of treatment delivery.

Publications & Presentations
•Speaker, Strategic Pro Bono Litigation: How to Spare Some Change, Panelist at Plenary Session, 5th Annual National Pro Bono Conference, September 2014.
•Speaker, Best Practices in Physician Annual Reappointment, Performance Management and Disruptive Behaviour, HIROC Annual Risk Management Conference, April 2014 (with Dr. H. Stern, CEO of the CMPA).
•Speaker,Legal Counsel Perspective on Presenting and Defending a Claim, HIROC Annual Risk Management Conference, April 2014 (with Richard Halperin, Thompson Rogers) .
•Speaker, What CCACs Can Learn From Recent HSARB Decisions, OACCAC Annual Conference, June 2014 (with Wendy Whelan, June 2014).
•Panelist, Developing your Skills to become a Leader, Justica Symposium, May 2014
•Speaker, Role of Documentation in Malpractice Litigation- Lessons Learned from a Recent Trial Experience, William Osler Hospital, March 2014.
•Guest Lecturer, Who Does What: How Legislation Influences Actions of Organizations in the Health Care System- A Review of the Management of Hospital Discharge, University of Toronto, MSc- Patient Safety Health Law Session, February 2014.
• Guest Lecturer, Legal Issues of Medical Errors, University of Toronto, MSc- Patient Safety Health Law Session, February 2014.
•Speaker and Panelist, Legal Issues of Medical Errors, Canadian Winter School on Quality and Safety in Radiation Oncology, January 2014.
•Co-Program Director, Osgoode Law School Health Law Certificate course, March to May 2014 (with Wendy Whelan).
•Speaker, Understanding Consent and Capacity Issues in Long Term Care, OANHSS Annual Conference, September 2013 (with Kate Crawford).
•Speaker, Who Does What: Effective Management of Hospital Discharge, OACCAC Annual Conference, June 2013 (with Cathy Hecimovich).
• Speaker, When and Why Call the Office of the Public Guardian and Trustee, OHA Webcast, May 2013 (with Saara L. Chetner, Legal Counsel Public Guardian and Trustee, moderated by Dale Clement, Halton Healthcare)
•Co-Program Director and Speaker, Health Services Appeal and Review Board, Osgoode Health Law Certificate, April 2013.
•Speaker, Overview of Mental Health Law in Canada, Osgoode Certificate in Mental Health Law, April 2013.
•Guest Lecturer, ALC: Managing the Transitions to Care-How Legislation and Placement are Related, University of Toronto, MSc- Patient Safety Health Law Session, February 2013.
•Speaker, Clinical Negligence, Liability Claims and Litigation- Defence Best Practices, Osgoode Health Law Certificate, January 2013.
•Program Director and Speaker, The Osgoode Certificate in Health Law, Osgoode Hall Law School, Professional Development, York University, 2010, 2011, 2012 and 2013.
•Author, Law for Canadian Health Care Administrators, 2nd Edition, LexisNexis Canada, 2011 (with John J. Morris).
•Speaker, ALC: How Legislation and Placement are Related, OHA Webcast, September 2012.
•Speaker, Managing Difficult Situations: Legal Perspectives, and A Questionable Substitute Decision Maker (SDM) - What is the role of the CCAC OACCAC Conference, June 17-19, 2012.
•Speaker, NSM CCAC Seniors Care - Legal Issues, North Simcoe CCAC Ethical/Legal Conference on Seniors Care, April 2012
•Speaker, Defence Strategies - Clinical Negligence, Liability Claims and Litigation, Mental Health Law course, Osgoode Professional Development, January 2011 and 2012.
•Speaker, Legal Framework and Analysis, NSM CCAC Client Safety Day, November 2011
•Speaker, Medical Malpractice - What It Means for CCACs And Their Employees, May 2010.
•Speaker, Conducting a Capacity Assessment and Preparing Your Case for the Consent and Capacity Board and When Can A CCAC Draw The Line A Review Of A HSARB Decision, OACCAC Conference, June 2009.

 
Reported CasesRepresentative Work; Acting as defence counsel in several current multi-million dollar class actions and a healthcare costs recovery action. For example, currently defending a pharmaceutical company in a class action alleging misrepresentation of safety profile and efficacy of the drug. Represented a Regional Autism Program run by Hamilton Health Sciences in a Judicial Review Application by a family seeking to prevent the Program from discharging a child from its services Ceretti v. Hamilton Health Sciences-McMaster Children's Hospital, 2010 ONSC 252 (CanLII). Represented the Central CCAC in the only inquest in Ontario to investigate the long-term care sector - the El Roubi/Lopez Inquest which inquired into the deaths of Mr. Lopez and Mr. El Roubi following an assault by another resident. Represented Purdue Pharma in King/Bertrand inquest inquiring into the use and misuse of OxyContin arising from the deaths of Mr. King and Ms. Bertrand. Regularly assist senior hospital leadership and Medical Advisory Committees on physician privileges issues. Advise hospital leadership on managing disruptive physician behaviour and quality of care issues. Representing the majority of Ontario's CCACs on a variety of issues including difficult discharge situations and challenging substitute decision-makers. Advising hospitals and CCACs on consent and capacity issues, specifically in regard to steps to be taken when a substitute decision maker is not fulfilling his or her legal obligations; Assisting hospitals and CCACs in responding to human rights complaints relating to access to treatment and manner of treatment delivery.
 
ISLN914259686
 

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Changes to the Provision of Community Services Comes Into Effect July 1, 2014
Cynthia (Cindy) Clarke,Wendy Whelan, July 9, 2014
Beginning July 1, 2014, amendments to O. Reg. 386/99, Provision of Community Services, under the Home Care and Community Services Act (HCCSA) will come into effect. The changes primarily affect the provision of personal support and homemaking services under sections 2.1, 3 and 8 of Reg. 386/99.
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Office Information

Cynthia (Cindy) Clarke

Scotia Plaza, 40 King Street West
TorontoON M5H 3Y4
 

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