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LonnyRosen_1ElyseSunshine_1Capacity is a very important topic when dealing with POA issues.  During this podcast, lawyers Rosen and Sunshine give us an overview of capacity in Ontario.  During our conversation, they help us understand more about:

  • What do we mean when we talk about capacity?
  • The different tests for and approaches to capacity
  • Capacity under the Substitute Decisions Act
  • Capacity principles from the Health Care Consent Act
  • Capacity Assessments
  • Principles from the Case law / Real Life examples
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About Lonny J. Rosen, C.S. & Elyse Sunshine

Lonny J. Rosen* is certified by the Law Society of Upper Canada as a Specialist in Health Law. He advises individual, corporate and institutional clients with respect to health care legislation and policies, and represents clients in a wide range of civil and administrative proceedings. He regularly represents health professionals in complaint and discipline matters, investigations, audits and peer reviews, hospital privileges disputes and in hearings before various health tribunals. Lonny advises clients on a wide variety of health law issues, including with respect to privacy, the delivery of private health care and other aspects of practice management. His clients include health care professionals, administrators of health care facilities, professional associations, and individuals.

In 2012, by Order in Council, Lonny was appointed to the Consent and Capacity Board, an independent body created by the provincial government which conducts hearings under legislation such as the Health Care Consent Act and the Mental Health Act.  In this capacity, he presides over hearings of applications by individuals whose involuntary status in hospital or whose capacity to consent to treatment or admission to a care facility is in issue.

Lonny is a leader of the health law bar, having served as Chair of the Health Law Sections of both the Canadian and Ontario Bar Associations, and as Program Committee Chair of the Medico-Legal Society of Toronto, and now serving as a member of the Board of Directors of The Advocates’ Society and as a Member of the Executive of the CBA Health Law Section. For six years, Lonny served as a member of the Hospital for Sick Children’s Research Ethics Board. He is currently a member of the Canadian Hospice Palliative Care Association’s Advance Care Planning Task Group, through which he helps to promote advance care planning in Canada. He is also an active member of the Society for Ontario Adjudicators and Regulators (SOAR) and of the Medico-Legal Society of Toronto. Lonny frequently writes and speaks on health law issues, including as a faculty member for Osgoode Professional Development’s Certificate Programs in Health Law and Mental Health Law and as co-Director for the Osgoode Certifcate in Professional Regulation and Discipline in the Ontario Health Sector.

Lonny was named to “Best Lawyers in Canada” for Health Care Law for 2014 and 2015.

* Practicing as a professional corporation and Certified by the Law Society of Upper Canada as a Specialist in Health Law


Elyse Sunshine* assists health care professionals, health associations and organizations by providing advice and opinions with respect to regulatory, administrative and civil matters. Elyse has experience in assisting various health professionals including:





•Occupational therapists




•Chiropodists and Podiatrists



•Respiratory therapists

Elyse has assisted professionals with matters before the various levels of court and tribunals, including the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board and the Human Rights Tribunal. Elyse also assists health professionals and organizations with inspections and audits, including quality assurance reviews, independent health facility inspections and out-of hospital premises assessments. In addition to her advocacy practice,

Elyse regularly provides opinions and general advice to individuals and organizations, such as associations of health care professionals.

Elyse is very active in the health community and serves as a member of the Research Ethics Board at Holland Bloorview Kids Rehab and is a founding Board member of the David Cornfield Melanoma Fund.  Elyse is also a member of the Medico-Legal Society, the Ontario Bar Association, and the Advocate’s Society.  She frequently presents to health professional groups on issues relating to health law and professional regulation.

Elyse was named to Best Lawyers Canada for Health Care Law for 2015.

* Practicing as a Professional Corporation

We are experienced and skilled in our practice area and are widely known as being professional yet approachable.

We’re Here to Help.

Rosen Sunshine LLP

Our Clients

Our clients include health care professionals, health care facilities, organizations and associations, operators and administrators of health care facilities, and individuals who require advice or representation in connection with a dispute or proceeding.

The health care professionals we advise and represent include:

  • Physicians
  • Dentists
  • Pharmacists
  • Psychologists
  • Nurses
  • Physiotherapists
  • Occupational therapists
  • Massage therapists
  • Kinesiologists
  • Veterinarians
  • Audiologists and speech language pathologists
  • Dieticians
  • Podiatrists and chiropodists
  • Respiratory therapists
  • Hygienists, technicians and technologists
  • Midwives
  • Naturopath
  • Homeopath
  • Social workers
  • Psychotherapists
  • Chiropodists and podiatrists
  • Denturists
  • Opticians
  • Optometrists
  • Rehabilitation Specialists

We also advise and represent professional associations, health care organizations and facilities, and owners and operators of health care facilities, institutions and clinics.

Our Firm

Rosen Sunshine LLP was established in 2011 as a boutique health law firm.   Our mission is to provide our clients with strategic, practical advice and fearless representation with any matter entrusted to us. We aim to provide clients with the highest level of service but to meet our clients’ needs in a cost-effective manner. Our practice includes all areas of health law advocacy and advice.

Who We Help

Health professionals

Healthcare clinics, facilities, owners & staff

  • Independent Health Facilities
  • Community Health Clinics
  • Out of Hospital Premises
  • Private or executive health clinics
  • medical marijuana clinics
  • business owners, senior managers of above

Healthcare organizations and associations

  • Professional Associations
  • Family Health Groups/Organizations/Teams
  • Board Members and Officers of Above

Healthcare agencies and institutions

  • children’s mental health agencies
  • addiction agencies
  • senior management, clinical directors, privacy officers of above

Regulatory bodies

Other professionals and individuals

We pride ourselves on our personal service and dedication to handling your affairs with the utmost care and discretion.

How We Help

Professional Regulation and Discipline on behalf of Registrants

Professional Regulation and Discipline on behalf of Regulators

Hospital Privileges Challenges

  • Hospital Complaints and Privileges Challenges and issues with administration
  • Advising professional staff with respect to internal complaints and interpersonal disputes

Opinions and Advice

  • Opinions respecting legislation, policy and legislative developments, etc.
  • Advising with respect to new ventures in health care
  • Regulatory advice
  • Health Care billing issues
  • Contracts and Agreements
  • Hiring, employment contracts, termination issues and other employment issues from a health regulatory perspective
  • Compliance with College guidelines and professional standards
  • Assistance of staff/members with professional legal issues
  • Assistance with submissions to Government
  • Preparation of practice forms and templates
  • Preparation of office policies and protocols
  • Preparation of Policy and Procedure Manuals
  • Preparation of Toolkits, Model Policies, and Education Materials
  • Preparation for Audits and Inspections
  • Private and Alternative Models for delivery of care
  • Research Ethics
  • Workplace harassment and discrimination issues
  • Human Rights complaints
  • Assistance with Advertising in health care

Privacy Law

  • Assistance with Complaints
  • Policy Development and Review
  • Privacy Impact Assessments and PHIPA Audits
  • Management of Privacy Breaches
  • Training on privacy policies and breach management

Independent Health Facilities and Out of Hospital Premises

  • Preparation for and assistance during inspections and audits
  • Responding to inquiries or inspection reports

Billing Issues and Audits

Healthcare Businesses and Ventures

  • Advice and assistance with the laws respecting delivery of healthcare
  • Advice regarding charging patients directly for uninsured services
  • Advice regarding advertising of healthcare services
  • Advice regarding arrangements among healthcare providers and businesses
  • Assistance with submissions to Government

Consent, Capacity and Mental Health Law

Litigation and Other Advocacy

  • Civil Litigation
  • Employment Disputes
  • Judicial Review Applications
  • Partnership or Practice Group Disputes
  • Representation in matters before health tribunals
  • Representation in matters before the Ontario Human Rights Tribunal
  • Assistance of staff/members with professional legal issues
  • Academic discipline

Training and Workshops

  • Training of Professional and Support Staff
  • Custodian training for privacy compliance
  • Association member training

123 John Street
Suite 200
Toronto, ON M5V 2E2

416 223 4222 Visit Website

Conversations That Matter Podcast LogoPartner and advertising inquiries are welcomed.

Please contact Mary Bart, Chair of Caregiving Matters at or 905-939-2931

This podcast is intended to provide general information only and is not intended to be a substitute for seeking personalized legal, financial or other advice.

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