Canada: Court Defers To Hospital’s Decision-making During Pandemic

In April, BLG Law Firm noted a court decision. I missed their article at the time, but here it is now:

In response to the COVID-19 pandemic and a March 19 recommendation by the Chief Medical Officer of Health, hospitals across Ontario modified their visitor policies to limit access to “essential visitors” only. These decisions were made to prevent the spread of the novel coronavirus, and in particular, to protect hospitals’ patients and staff from infection.

On April 9, 2020, the Ontario Divisional Court (the Court) heard a challenge to North York General Hospital’s (the Hospital) restricted visitor policy. The challenge was brought by the substitute decision-maker and litigation guardian of a patient who is 77 years old and medically stable. The patient is also the substitute decision-maker’s father. The applicant asked the Court to review the Hospital’s visitor restrictions and sought “full and unfettered” access to his father to be able to make treatment decisions on his behalf. On April 20, the Court released its decision dismissing the application (see 2020 ONSC 2335).

Of note, due to social distancing measures during the pandemic, this was the first virtual hearing held in the history of the Divisional Court.