CLAW326 Module 1: Legal Case Example
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CLAW326 Module 1: Legal Case Example

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Questions and Answers

What will the course focus on during the initial weeks?

  • Advanced applied learning
  • Case studies and dilemmas
  • Navigating through the modules
  • General foundational work (correct)

    • What will be covered in the pages that follow the course overview?

  • Setting norms and expectations
  • Getting around the course
  • Working your way through the modules (correct)
  • Student support and introduction to tools

    • What will be encouraged as the course works through dilemmas and case studies?

  • Sharing experiences (correct)
  • Navigating through the modules
  • Interactive self-assessments
  • Working with general foundational work

    • Where can students find a general introduction to the tools used in online courses at The Chang School?

    <p>Student support link in the main course menu</p> Signup and view all the answers

    What does the course overview aim to help students with?

    <p>Navigating through the course and modules</p> Signup and view all the answers

    What type of learning is expected from about week three onward?

    <p>Applied learning</p> Signup and view all the answers

    How many modules are there in this course?

    <p>13 modules</p> Signup and view all the answers

    Where can one find examples of the sections of the provincial Legislation Act ss 67 and 68?

    <p>Consolidated laws, on the e-Laws website</p> Signup and view all the answers

    What action should one take after clicking on the letter 'L' in the Browse section on the e-Laws website?

    <p>Scroll down to find 'Legislation Act, 2006 c.21, Sched F'</p> Signup and view all the answers

    What should one do after opening the 'Legislation Act, 2006 c.21, Sched F' document?

    <p>Scroll down to find sections 67 and click on it</p> Signup and view all the answers

    Where can one find cases reported in the Supreme Court Reports with 'S.C.R.' in their citations?

    <p>Lexum website for Supreme Court of Canada cases</p> Signup and view all the answers

    What type of cases are denoted by 'S.C.C.' in their citations?

    <p>Supreme Court of Canada cases</p> Signup and view all the answers

    What does the abbreviation 'CanLII' stand for?

    <p>Canadian Legal Information Institute</p> Signup and view all the answers

    Where should one go to find examples of Case Law?

    <p>Lexum website for Supreme Court of Canada cases</p> Signup and view all the answers

    What standard of proof generally applies in discipline hearings under the Regulated Health Professions Act?

    <p>Clear and convincing evidence</p> Signup and view all the answers

    What does the Ontario Health Care Consent Act require for 'treatment'?

    <p>Consent from the patient or substitute decision-maker</p> Signup and view all the answers

    Which document is filed by the plaintiff as the first document in civil litigation?

    <p>Statement of Claim</p> Signup and view all the answers

    In the case of Cuthbertson v. Rasouli, what does the Supreme Court consider as part of the definition of 'treatment'?

    <p>Any medical intervention</p> Signup and view all the answers

    What is the burden of proof on the Crown in criminal cases?

    <p>Beyond a reasonable doubt</p> Signup and view all the answers

    According to Jocelyn Downie, what does the Consent and Capacity Board have the authority to do in certain situations?

    <p>Substitute its opinion for that of the substitute decision-maker</p> Signup and view all the answers

    What type of cases are generally considered to have more severe consequences in discipline hearings?

    <p>Cases related to professional misconduct like sexual abuse</p> Signup and view all the answers

    If a physician disagrees with a substitute decision-maker's refusal to consent to withdrawal, what action can the physician take?

    <p>Go to the Consent and Capacity Board</p> Signup and view all the answers

    In what type of case does the charging document filed by the police refer to as an 'Information'?

    <p>Criminal case</p> Signup and view all the answers

    What does 'treatment' encompass according to the Ontario Health Care Consent Act?

    <p>Any procedure or intervention to maintain life</p> Signup and view all the answers

    What is the first document filed by the defendant in civil litigation?

    <p>Statement of Defense</p> Signup and view all the answers

    When can a physician go to the Consent and Capacity Board to argue for their case?

    <p>If they disagree with a substitute decision-maker's refusal to consent to withdrawal</p> Signup and view all the answers

    What standard of proof generally applies in more severe discipline cases, such as sexual abuse, despite the civil nature of the hearing?

    <p>'Clear, cogent and convincing'</p> Signup and view all the answers

    What action can the Consent and Capacity Board take if persuaded by a physician's evidence and arguments?

    <p>Substitute its opinion for that of the substitute decision-maker</p> Signup and view all the answers

    Study Notes

    • CLAW326 is a Law for Health Managers course with 13 modules.
    • Each week, new content, readings, and learning activities are introduced.
    • Students are encouraged to share experiences and use interactive self-assessments.
    • Course navigation includes getting around the course and working through the modules.
    • Students should familiarize themselves with the course menus and tools.
    • The e-Laws website is used to find Provincial Statutes and Regulations.
    • The Legislation Act, 2006 ss 67 and 68 can be found on the e-Laws website.
    • B. (R.) v. Children's Aid Society of Metropolitan Toronto, 1 S.C.R. 315, 1995 CanLII 115 is an example case.
    • The Ontario Health Care Consent Act requires consent for treatment, including the withdrawal of life support.
    • The Consent and Capacity Board can substitute its opinion for a substitute decision-maker in disputes over treatment withdrawal.
    • The Crown must prove that there is no realistic chance that charges are untrue in criminal cases.
    • In discipline hearings under the Regulated Health Professions Act, the civil standard applies.
    • The potential consequences of severe discipline cases, such as sexual abuse, are serious.
    • The standard of proof is civil and requires clear, cogent, and convincing evidence.
    • Pleadings, including the Statement of Claim and Statement of Defense, are filed documents in civil litigation.
    • In a criminal case, the charging document is called an Information.

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    Related Documents

    CLAW326 Module 1 - Welcome PDF

    Description

    Explore a legal case example discussing the Supreme Court decision in Cuthbertson v. Rasouli and its impact on the Ontario Health Care Consent Act. Learn about the requirement of consent for treatment and its implications in the legal context.

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