Jacinthe Boudreau
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Jacinthe Boudreau

Tel: 416.594.4676

Practicing in both French and English, Jacinthe is a strong advocate for her clients – from strategizing and examining and cross-examining witnesses, to negotiating settlements and defending clients at hearings

Informations about

Biography

JACINTHE BOUDREAU practices in civil litigation, with particular emphasis on health law. She represents hospitals, health facilities, and health care professionals in medical malpractice matters and before regulatory bodies. She also represents other professionals in malpractice matters and acts for clients in human rights cases.

Jacinthe is a strong advocate for her clients, from strategizing, examining and cross-examining witnesses, to negotiating settlements and defending clients at hearings. She has represented clients at all levels of court in Ontario. Prior to completing  her LLB at Osgoode Hall Law School in 1987, Jacinthe obtained her civil law degree at the Université de Montréal where she received the Lord Reading Society Award.

Earlier in her career, Jacinthe was in-house counsel for the Ontario Medical Association. Jacinthe has presented on Health Law and Privacy Law conferences held by the Canadian Institute, the Ontario Bar Association and the Ontario Hospital Association. Jacinthe has also written articles published in Health Law in Canada and Hospital News.

Jacinthe is a member of the Advocates’ Society, the Canadian Bar Association, the Association des Juristes d’Expression Française de l’Ontario, and was a member of the Executive of the Health Law Section of the Ontario Bar Association from 2014 to 2019. Jacinthe practices both in English and French.

Representative Work

Reported Cases

  • Successfully argued the appeal and motion for summary judgment resulting in the dismissal of the action against our paramedic client, specifically, allegations of negligence, defamation and threatening to taser the plaintiff, as well as the application for leave to appeal to the Supreme Court of Canada. The Court of Appeal stressed that this was precisely the type of case that summary judgment is designed to address to avoid putting parties through the time and expense of a full-blown trial. Kueber v. Royal Victoria Regional Health Centre, 2018 ONCA 125 aff’g [2018] O.J. No. 712; leave to appeal denied 2019 Canlii 3754 (SCC)
  • A successful review before the Health Professions Appeal and Review Board, which removed from the College’s decision the advice given to the health professional, on the basis that the evidence did not support that advice be given. K.W., D. Ch. v. C.T, 2017 CanLII 44304 (ON HPARB)
  • Successfully obtained the dismissal of an action against a hospital on a summary judgment motion on the basis that there was no evidence disputing the nurse’s evidence that she had reported the patient’s symptoms to the physician. In this decision, the Court held that health care providers may rely on their usual practice in testifying as to the care they provided. Di Tacchio v. London Health Sciences Centre, 2013 ONSC 1274
  • Obtained dismissal of a Human Rights Tribunal application on the basis that there was no reasonable prospect that the Applicant would succeed in her allegations of discrimination and reprisal. Yakymova v. Slovenian Linden Foundation, 2013 HRTO 143
  • Obtained dismissal of a Human Rights Tribunal application on the basis that there was no evidence to support a finding of discrimination. Cowie v. General Insurance Ombudservice, 2012 HRTO 381
  • Successfully cross-examined the plaintiffs’ witness and represented a client in two actions, resulting in the removal of plaintiffs’ counsel. This decision, and the Court of Appeal decision, highlight the importance of solicitor-client privilege to the integrity of the administration of justice in Ontario. Miele v. Humber River Regional Hospital, 2007 CanLII 27757 (ON SC); aff’d Stewart v. Humber River Regional Hospital, 2009 ONCA 350
  • Successfully represented a hospital in obtaining the dismissal of Health Canada’s motion to strike the third-party claim brought on behalf of the client. The allegations against Health Canada pertained to the failure to prevent the sale of an unauthorized medical device in Canada and failing to warn practitioners. Baric v. Tomalk, 2006 CanLII 6905 (ON SC)
  • Successfully obtained the dismissal of the action against a hospital on a summary judgment motion, on the basis that the plaintiff’s seizure disorder was caused by viral encephalitis and not by the care provided at the hospital. Hardy v. The Hospital for Sick Children [2001] O.J. No. 4008

Other Representative Work

  • Defends health care providers (nurses, physiotherapists, chiropodists, dental hygienists, pharmacists, chiropractors, paramedics), hospitals, and long-term care facilities in malpractice actions
  • Defends third-party administrators and employers in litigation brought by disability benefits claimants
  • Represents employers, property managers and other clients before the  Ontario Human Rights Tribunal
  • Defends public and private institutions in environmental claims
  • Represents health care providers in matters before the Inquiries, Complaints and Reports Committees and Discipline Committees of RHPA colleges
  • Represented an insurer in an application where the Ontario Superior Court denied coverage, as the event giving rise to a €5M damage claim in France occurred outside of the policy period and was also excluded by the terms of the CGL policy

Presentations

  • A Judge’s Perspective: Tips from the Bench for Efficient and Effective Medical Malpractice Litigation, Ontario Bar Association, 2019 (Chair of the OBA Health Law Section 2019 Year End Dinner and Program)
  • Update on Mental Distress Law: A Review of Nissen v. Durham Regional Police Services Board – Is There a Need to Review Your Reserves?, Stieber Berlach Insurance Law Update Seminar, 2018
  • Ontario’s Patient Ombudsman: First Year in Review, Ontario Bar Association, 2017 (Chair of the OBA Health Law Section 2017 Year End Dinner and Program)
  • Mises à jour éclair sur les grandes décisions Juridiques panel member, Congrès de l’AJEFO, 2016
  • Evidence 101 and Cross Examinations, Stieber Berlach internal presentation, 2016
  • Health Law Update: Privacy, Transparency and Class Actions Conference Chair Ontario Bar Association`s Institute on Continuing Legal Education – Health Law Section, 2016
  • Post-Hryniak Summary Judgement Decisions in Medical Malpractice Actions, Ontario Bar Association`s Institute on Continuing Legal Education – Hot Topics in Health Law Conference, 2015
  • Limitation Periods and their Effects on Insurance Coverage, The Canadian Institute – Institutional Liability for Sexual Assault and Abuse Conference, 2006
  • Ontario New Information Protection Legislation: What You Need to do to Comply, The Canadian Institute – Reducing Risk of Hospital Liability Conference, 2005
  • Quality Assurance Activities and the Impact of the Quality of Care Information Protection Act, 2004, Ontario Bar Association’s Institute on Continuing Legal Education, Privacy – Health Law Forum, 2005
  • Exceptions to the Consent Requirements: Permitted Uses and Disclosures Under PHIPA, Insight 4th Annual Health Information Privacy Conference, 2005
  • Due Diligence in Event Management – Impact of QCIPA on Incident Reviews, Infonex Adverse Events Conference, 2004
  • Consent and the Collection, Use and Disclosure of Health Information Under Bill 31, Ontario Hospital Association Privacy Workshop, 2004
  • Permitted Disclosures and the Impact of PHIPA on Existing Statutory Obligations, Ontario Hospital Association – Hospitals and Ontario’s Proposed Privacy Legislation: Bill 31 Conference, 2004
  • Droit de la Santé Panel Chair, Congrès de L’Association des Juristes d’Expression Française de l’Ontario, 2004
  • Legal Issues Impacting Health Care Supply Chain Issues, Ontario Hospital Association – Health Care Supply Chain Issues Conference, 2004
  • Regulation of Health Professions – an Overview, Ontario Hospital Association – Essentials of Health Law Course, 2004
  • Privacy: An Update on How Legislation is Changing Hospital Practices, Canadian Institute – 7th Annual Reducing the Risk of Hospital Liability Conference, 2004
  • Controlled Acts and Delegation: An Overview of the RHPA, Ontario Hospital Association – Medical Directives and the Delegation of Controlled Acts – Ten Years Later – How are we doing? Conference, 2003

Publications

  • “Summary Judgment Motions: Hearsay Evidence and Boomerang Motions,” Stieber Berlach Case Commentaries, 2019
  • “Update on Mental Distress Law: A Review of Nissen v. Durham Regional Police Services Board – Is There A Need To Review Your Reserves?,” Stieber Berlach Insurance Law Update Seminar, 2018
  • “Post-Hryniak Summary Judgement Decisions in Medical Malpractice Actions,” Ontario Bar Association`s Institute on Continuing Legal Education –  Hot Topics in Health Law Conference, 2015
  • “Quality Assurance Activities and the Impact of the Quality of Care Information  Protection Act,” Healthy Law in Canada, 2005
  • “Resource Allocation and Accountability in Heath Care,” Health Law in Canada, 2000

Education

  • Admitted to the Ontario Bar, 1989