daphne jarvis

DAPHNE JARVIS
Associée
T 416.367.6216
F 416.361.7064
Toronto
[email protected]
Droit de la santé
Litige et arbitrage
Respect de la vie privée et protection des
renseignements personnels
Défense des droits en matière de santé
Gestion des risques
Défense médico-légale
Droit de la santé mentale
Renseignements médicaux personnels et respect de
la vie privée
Activités professionnelles
EXECUTIVE SUMMARY
President, Medico-Legal Society of
Toronto (2014-15); Member of Executive (2010-present); Member of
Council (2007-present)
Daphne Jarvis is a civil litigator specializing in health law, particularly representing
hospitals and their employees in medical malpractice claims, inquests and disciplinary
proceedings, and consent and capacity issues. A partner in the Toronto office of Borden
Ladner Gervais LLP, she also provides day-to-day advice to healthcare providers on a
wide range of policies and issues, including health information and documentation, child
and adolescent health, end of life, and consent to treatment issues.
Community Member, Ethics
Committee, Sunnybrook and
Women's College Health Sciences
Centre, (2000-04)
Member, Ontario Bar Association,
Health Law Section
Member, The Advocates' Society
Instructor, Module 4 — Special Issues
on the Treatment of Children and
Adolescents, Osgoode Certificate in
Mental Health Law Program, (200914)
Daphne has developed a high profile as a resolver of difficult and complex cases, often
through mediation, leading to creative and confidential settlements for hospitals and
preserving reputations and community relationships. She is a frequent conference chair
panellist, lecturer and instructor to groups of healthcare providers, lawyers and
students.
REPRESENTATIVE WORK

Defends hospitals and their employees in medical malpractice lawsuits on
retainer with the Healthcare Insurance Reciprocal of Canada (HIROC).

Acts as counsel for hospitals and other healthcare facilities at Coroner's
inquests by direct retainer, including inquests covering multiple deaths.

Provides ongoing advice, legal support and policy review to various hospitals,
children's mental health centres, community care access centres and
community health centres.

Acts as counsel to health practitioners in hearings before the Consent and
Capacity Board and appeals taken from those decisions.

Retained frequently as counsel to individual health providers involved in
complaints or disciplinary hearings before their professional bodies, and in
reviews of those decisions by the Health Professions Appeal and Review
Board.

Appeared before the Supreme Court of Canada in the case Fleming v.
Starson, as counsel to the intervenor, The Schizophrenia Society of Canada
(January 2003).
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PUBLICATIONS & PRESENTATIONS

Co-presenter, "Ethical Issues in Health Care - End of Life", Osgoode Certificate
in Health Law, April 2016.

Panelist, "Interim Requests for Physician-Assisted Death in Ontario: The Legal
Framework", OHA Webcast, March 2016.

Presenter, "Physician-Assisted Death in Ontario - What Do I Need to Know
Now?", Medico-Legal Society of Toronto audioconference, March 2016.

Co-author, "Update on Physician-Assisted Death: Superior Court Issues
Practice Direction with Requirements for Bringing an Application", BLG Health
Law Bulletin, February 2016. Also published in Risk Management in Canadian
Health Care, Vol 18, No. 1, February 2016.

Co-Author, "Physician-Assisted Death In Canada: The Next Four Months",
Health Law Bulletin, January 2016.

Chair and co-presenter (with Dr. Jeff Blackmer, Canadian Medical
Association), "Care at the End of Life in Canada - A Rapidly Evolving
Landscape", Medico-Legal Society of Toronto, November 2015.

Panelist, "Plenary #3: Organization of Medical Aid in Dying Services", Medical
Aid in Dying - Developing a Framework conference, jointly sponsored by
Health Law in Canada and the Institute of Health Policy, Management and
Evaluation, University of Toronto, October 2015.

Co-Author, "Physician-Assisted Death In Canada: The Next Four Months",
Health Law Bulletin, January 2016.

Author, "Update: Recent Case Regarding Parent Refusing Chemotherapy for
First Nations Child in Favour of Traditional Medicines: What Are the
Implications for Health Care Providers?," BLG Health Law Bulletin, May 2015.
Also published in Risk Management in Canadian Health Care Vol.17, No.3,
June 2015.

Speaker, "From Cradle to Grave — The Effect of the Carter Decision," Crown
Summer School, June 2015.

Member of Planning Committee and Presenter, "Legal Updates on End of Life
Care," OHA End of Life Conference, June 2015.

Co-presenter, "Ethical Issues in Health Care - End of Life/Human
Reproduction/Consent," Osgoode Certificate in Health Law, May 2015.

Presented, "The Law is Evolving: Physician-Assisted Suicide - Understanding
the SCC Decision in Carter v. Canada " — an Overview of the Post-Decision
Legislative Environment and Implications for Hospitals. OHA Webcast, March
2015.

Continuing Education Speaker, "Civility in the Hearing Room," for members of
the Health Services/Professions Appeal and Review Board (HPARB/HSARB),
November 2012.

Presenter, "Quality of Care Activities; Administrative and Governance Roles,"
to Board members and senior leaders of Cambridge Memorial Hospital, March
2012.

Member, Planning Committee of Ontario Hospital Association (OHA)
Conference on End of Life Care, and Speaker, "Legal Perspective (The
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Rasouli case)," February 2012.

Co-Presenter, "Children and Adolescents' Mental Health Law Issues: What
You Need to Know," Osgoode National Health Symposium, October 2011.

Speaker, "The Role of the Chief Nursing Executive as a Member of the Quality
Committee," Conference on The Changing Health-Care Landscape: Nursing
Leadership in Ontario's Public Hospitals — Implications and Opportunities for
Chief Nursing Executives, December 2011.

Legal Member of Expert Panel, The Hospital for Sick Children's Symposium
"Navigating Contentious Cases in the Public Eye," October 2011.

Speaker, "Legal Perspective on the 'Medical DNR' in Canada," presentation to
University of Toronto internal medicine residents, May 2011.

Author, "The Ontario experience of involuntary treatment of pediatric patients
with eating disorders," International Journal of Law and Psychiatry, 2010, 33,
138-43 (with Dr. Pier Bryden and Dr. Cathleen Steinegger of the Hospital for
Sick Children).

Co-Chair, OHA/ BLG/HIROC Conferences on Current Issues in Risk
Management, 2005-08.

Guest Lecturer to students in the Masters of Science and Bioethics Program at
the Joint Centre of Bioethics, University of Toronto, 2009-12, on specific cases
of interest (Starson and Rasouli).

Panellist, "The Grey Matter: Critical Care, Ethics and the Law," Critical Care
Canada Forum Workshop, 2008.

Panellist, "Managing Disclosure of Harm: Entrenching Transparency and
Establishing Accountabilities Within Your Organization," The Canadian
Institute's Patient Safety Summit, 2007.

Chair, The Canadian Institute's 8th & 9th Annual Conferences on Reducing the
Risk of Hospital Liability, 2006 and 2005.

Co-Chair, The Canadian Institute's Conference on the Personal Health
Information Protection Act, 2005.

Submission to the Standing Committee on General Government on Bill 159 the Personal Health Information Privacy Act, 2000.
RANKINGS & RECOGNITIONS

Selected by peers for inclusion in the 2016 edition (and since 2009) of The
Best Lawyers in Canada® (Health Care Law, Medical Negligence, Personal
Injury Litigation). 
Recognized in the 2015, 2014 and 2013 editions of The Canadian Legal
Lexpert® Directory (Medical Negligence).

Martindale-Hubbell® BV® Distinguished™ 4.4 out of 5 Peer Review Rated.
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affaires, litige commercial et arbitrage ainsi que propriété intellectuelle. BLG est l’un des
premiers cabinets juridiques en importance au pays; il compte plus de 725 avocats,
agents de propriété intellectuelle et autres professionnels dans 5 grandes villes du Canada. BLG répond aux besoins de ses clients, que ce soit en matière de litige, de financement ou d’enregistrement de brevets et de marques de commerce.
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