Generations of Nova Scotians built spirited communities that have stood the test of time. Their determination, ingenuity, and enterprise have also endured.

At BOYNECLARKE LLP, we take pride in this legacy and embrace these values.

Since our start in 1972, BOYNECLARKE LLP has grown to become one of Atlantic Canada’s largest law firms.We are proud of this achievement. But growth for growth’s sake has never been our purpose. It is simply the reward for founding a practice on these sound principles: emphasize client service above all else; attract dynamic and innovative lawyers who are leaders in their community as well as in their chosen areas of practice; and work hard to ensure that clients are fully rewarded for placing their trust in us.

We are committed to fulfilling the service needs of our clients. We have always recognized that there is more to client satisfaction than finding the right answer. An effective working relationship characterized by open and timely communication, meeting clients on their terms, and responding to their concerns- these are essential complements to our legal knowledge.

Building on a Solid Foundation

SERVICE. INNOVATION. KNOWLEDGE. DILIGENCE. VALUE. – We’ve made them the hallmarks of our practice. Ever mindful of these enduring qualities, we look to the future with confidence.

Our Team of Health Law Professionals

Kathryn A. Raymond and John A. Young, Q.C., form our Health Law Team. We invite you to learn more about their experience in this area by clicking on their respective names, above.

Service is our Mainstay.

Our Health Law Team has maintained a philosophy of unwavering commitment to our practice ideals in its provision of legal services. We have represented District Health Authorities, including various regional and community hospitals, healthcare professionals, associations and institutions, long term care facilities, program providers and professional regulatory colleges during our history. We have acted for institutional clients in privileges review and professional discipline matters, public inquiries, inquests and before the Courts. Our Health Law experience includes the provision of advice in relation to homecare services, supportive living, homes for special care, small options – apartment programs, mental health outreach programs as well as numerous charitable foundations in the health care sector.

Our first Health Law clients approached us twenty-nine years ago. We have developed and maintained an understanding that financial, cultural, and professional issues must be aligned with a patient centred approach. To that end, we have solid working knowledge and experience with services such as acute care, addiction prevention and treatment, cancer care, public health, mental health, research, teaching and other important services and programs.

We have provided advice to numerous hospitals, districts and regional authorities with respect to governance, liability issues, and the legal obligations of Boards and of individual Directors pursuant to their enabling legislation and under the common law. We have assisted our clients with media relations and public communications strategies. We recognize the unique legal and practical issues which characterize a publicly funded health care setting.

Knowledge Through Diversity.

Our Health Law Team has a firm grasp of the policy issues that drive the development of legislation. We have worked closely with Government in drafting Statutes, Regulations, Corporate and Medical Staff Bylaws and Rules and Regulations. Our external relationships with government, universities and other organizations are of great assistance to our clients.

Our experience with contractual issues in Health Law includes the negotiation, drafting and interpretation of agreements particular to this practice area including affiliation agreements, compensation for medical services, various alternative payment mechanisms, return of service agreements, incentive payment agreements, contracts for benefits and products, clinical learner contracts, shared services agreements between various institutions and locum tenens contracts.

Our Health Law clients often need to avail themselves of legal experience in areas other than Health Law. BOYNECLARKE LLP offers a full range of services to our client and a central point of contact through our Health Law Team Leader, who will identify when the knowledge of another practitioner within our full service array is required. This gives our clients the assurance that the lawyers and support team handling their file are the most knowledgeable and appropriate for the particular issue.

Index of Experience

The index which follows, although not exhaustive, represents an attempt to capture the breadth of issues for which our Health Law Team’s advice and representation has been sought:

Abortion
Access to Records
Accreditation
Administration, Role & Responsibilities
Adolescent Locked-Facilities
Adult Protection Act
Affiliation Agreements
AIDS Reporting
Alternative Funding Plans
Ambulance Services

Battery and Assault
Bias
Blood-Alcohol Samples
Boards
    Composition
    Duties
    Legislative
    Liability
Bylaws

Capacity
Cemetery & Funeral Services Act
Charter of Rights and Freedoms
Chief Executive Officer, Role & Responsibilities
Child Abuse
Civil Liability
Civil Service
Clinical Learner Contracts
Competency
Computerization of Information Systems
Communicable Diseases
Community Health Boards
Confidentiality
Conflict of Interests
Collegiality
Consent to Treatment
Construction Contracts
Corporate Bylaws

Daycare Centres for Hospital
    Employees
Delegated Medical Acts
Dentists
Disciplinary Proceedings
Disclosure
Discrimination
Dispensing Opticians
District Department Chiefs Responsibilities
DNR Orders
Drug Dependency Programs
Duties of Care and Skill

Embalmers & Funeral Directors Act
Emergency Services
Employee Records
Employment Law Issues
Employee Relations
End of Life Issues
Environmental Issues
Ethics
Executive Contracts
Expertise Continuation for Professionals
Extra Billing

Fatality Investigations Act
Forms
Foundations
Freedom of Information & Protection of Privacy Act

Governance
Grievances
Group Homes for the Mentally Disabled
Guardianship

Health Act
Health Authorities Act
Health Services & Insurance Act
Home Care Services
Homes for Special Care Act
Hospitals Act
Hospital Auxiliaries
Hospital Corporations
Human Research
Human Rights
Human Tissue Gift Act

Incident Reports
Information Technology Contracts
Inquests
Insurance Coverage
Insured Services
Interns and Residents
Interpretation of Legislation
Investigation of Complaints

Judgement Errors by Physicians
Judicial Review

Laboratory Services
Labour Arbitrations
Labour Standards
Legal Guardians
Legislation
    Drafting
    Interpretation
    Lobbying Government
Licensed Practical Nurses
Licensing
Living Wills
Locum Tenens Contracts
Long Term Care Facilities

Mandatory Retirement
Materials Management
Media Relations
Medical Act
Medical Consent Act
Medical Professional Corporations Act
Medical Services Act
Medical Staff Appointments
Medical Staff Bylaws
Mental Capacity
Mental Health Issues
Minors
    Consent to Treatment
    Disclosure
    Emancipated Minors
MSI

Narcotics
Natural Justice
Neo-natal Research
Negligence
Nurses
    Role of Nurses and Nursing
    Specialities
Nursing Homes

Occupational Therapists
Occupational Health and Safety
Occupier Liability
Optometry
Organ Transplants
    Confidentiality
    Consent
    Liability

Patients
    Bill of Rights
    Delivery of Care
    Duty
    Safety
    Standards
Patient Records
    Access
    Confidentiality
    Negligence
    Retention
    Third Party Access
    Third Party Information
Peer Review
Performance Reviews
Pharmacists
Physician Resource Planning
Physiotherapists
Physicians’ Privileges
Policy Formulation
Privacy
Professional Regulation
Prosecution under Health Care Legislation
Psychiatric Records
Psychiatric Facilities Review Board Hearings
Psychologists
Public Health
Public Inquiries Act
Public Service Act

Quality Assurance & Management

Residential Services Regulations
    Drafting
    Interpretation
    Lobbying governments
Reporting Obligations
Research
    Contracts
    Ethics
Return of Service Agreements
Risk Management
Right to Die
Rules & Regulations for Medical Staff

Sexual Harassment
Shared Services
Specimen Collection
Standards, Enforcement

Temporary Privileges
Tendering
Tissue Ownership
Trade Union Act
Treatment of the Mentally Incompetent
Tribunals
    Administrative & Regulatory
    Quasi-Judicial

Uninsured Services

Vicarious Liability of Hospital
    Volunteers
    Legal Risks
    Hospital’s Responsibility
Vital Statistics Act

Warrants
    Search Warrants
    Lieutenant Governor’s Warrant
Withdrawal of Health Care Services

X-Ray Technologists

Youth