Cynthia (Cindy) Clarke practises civil litigation with a particular expertise in medical malpractice and product liability defence. She is an elected member of the firm's governing body, National Council, and is a member of the Toronto office management committee. A leading participant in the Firm's 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.
· 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
· 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
· Recognized by the 2013 Lexology Client Choice Awards as the exclusive winner in the Healthcare & Life Sciences category in Ontario.
· Recognized in the 2013 edition of The Canadian Legal Lexpert Directory (Medical Negligence).
· Recognized as one of Lexpert®'s Rising Stars: Leading Lawyers Under 40 in 2008.
· 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
· Advisor, Pro Bono Law Ontario and Sick Kids Legal Clinic
· Past President of Volunteer Board, Canadian Mothercraft Society