Lydia Wakulowsky

Chair, Health Law Group


Toronto

Tel : 416.865.7066
Fax : 416.865.7048

Email : lydia.wakulowsky@mcmillan.ca
VCard : vcard

Professional Experience Lydia practises corporate and commercial law, focusing on the health sector. She has extensive experience in providing advice, counsel and direction to Ontario hospitals, community care access centres, long-term care facilities, mental health institutions, health care agencies, professional medical colleges, health-related charities, private sector medical supplies, equipment and service providers, laboratories, pharmacies, pharmaceutical companies and other private and public health care organizations. Lydia frequently negotiates and drafts complex contracts, participates in briefings with various stakeholders and assists in the development and review of policy for health sector clients. Lydia is also a member of the Toronto Rehabilitation Institute's Research Ethics Board.

Representative Legal Services

Health Privacy

  • produced the Hospital Privacy Toolkit for Ontario hospitals and physicians for the OHA, OMA, IPC and MOHLTC
  • provided advice on confidentiality of health information (including shared computer systems and ownership of health records, collection, use, disclosure, access, corrections, retention and disposal etc.) of personal health information
  • developed privacy compliance checklists, policies, codes and notices, outsourcing and privacy agreements with third parties, data sharing agreements with hospitals and health researchers, employee pledges, consent forms, access request forms, job description for a privacy officer and terms of reference for a privacy team for health sector clients

Pharmaceutical Practice

  • acted on several mergers and acquisitions in the pharmaceutical industry
  • provided advice on matters concerning manufacturing, distribution, packaging and labeling of drugs, medical devices and consumer health products, and on market access and formulary matters
  • drafted clinical trial agreements, monitor and investigator agreements and conflict of interest, consent and privacy guidelines, and provided advice on document retention in research

Hospital Law

  • developed and amended hospital administrative and medical staff by-laws and provided advice in respect of the credentialling and mid-term revocation process
  • provided advice on hospital governance, conflicts of interest, composition of Medical Advisory Committees

Health Research

  • provided advice on research ethics matters and negotiated and drafted clinical trial agreements, including associated agreements for monitors and investigators, conflict of interest, consent and privacy guidelines and REB terms of reference and policies

Affiliation/Partnership Agreements

  • worked with groups of rural and northern hospitals to assist them in developing the networks mandated by the Ministry of Health and Long-Term Care; negotiated and drafted joint executive committee, partnership, affiliation and alliance agreements and provided advice on governance structures and responsibilities

Private/Public Joint Venture Agreements

  • participated in the establishment of public-private joint ventures, including those relating to the provision of laboratory and diagnostic, rehabilitation, cancer care, private ambulance, pharmacy, food and laundry services

Ministry of Health and Long-Term Care Agreements

  • negotiated and drafted alternate payment plan agreements between MOHLTC and hospitals and ancillary agreements between hospitals and emergency physicians

Physician and other Health Professionals Agreements

  • negotiated and drafted various physician and other health care provider services agreements, including: anesthetist, clinical associate, emergentologist, hospitalist, medical director, midwifery program, nuclear medicine, nurse practitioner, occupational medicine physician, palliative care, pathologist, recruitment/scholarship/residency/training, radiologist and specialist on-call agreements

Other Agreements

  • negotiated and drafted medical equipment and supplies purchase agreements, shared services agreements, cost sharing agreements, shared health information agreements, CCAC services provider agreements and management services agreements
publications and presentations

Presentations

  • The Osgoode Certificate in Health Law, 2013, 2012, 2011 and 2010, Provincial and Federal Divide and its Impact on the Legal Framework
  • Lexpert Information Privacy and Data Protection Seminar, 2011, Records Management
  • Insight Information Conference, 2007, Long Term Care and Seniors Care
  • Ontario Hospital Association, 2007, The Board's Role in Patient Safety
  • MOHLTC/OMA, 2006, Governance of Family Health Teams
  • Insight Information Conference, 2006, Privacy in the Maternity Ward
  • Insight Information Conference, 2005, Local Health Integration Networks
  • Ontario Medical Association, 2005, Governance of Family Health Teams
  • CHIMA/OHIMA, 2005, Health Information Management
  • OHIMA/OHA, 2005, Health Information Management
  • Insight Information Conference, 2005, Emergency Care
  • The Canadian Institute, 2005, Personal Health Information Protection Act , 2004
  • Insight Information Conference, 2005, Laboratory Reform
  • Ontario Hospital Association Convention 2004, Legal Barriers to Intergration
  • Ontario Hospital Association Convention 2004, Hospital Privacy Toolkit
  • Ontario Hospital Association Convention 2004, Fundraising
  • Insight Information Conference, 2004, Privacy Compliance in Health Care
  • Ontario Hospital Association, 2004, Hospitalism in Ontario
  • The Canadian Institute, 2003, Third Annual Forum on Privacy and Security of Health Information
  • McMillan Binch Program, 2003, The Privacy Challenge for Ontario Hospitals
  • Ontario Bar Association Conference, 2002, Patients' Rights: The Balancing Act Continues

June 2013
navigating health law in Canada - the legal framework
health law bulletin
October 13, 2011
new Canada Not-for-profit Corporations Act proclaimed in force. what do we do now?
corporate bulletin
February 03, 2011
Accountability in Health Care: The Legal Framework
Osgood Certificate in Health Law
June 2010
Helping Those Who Help Others: Bill 65
(Ontario Not-for-Profit Corporations Act, 2010)

Corporate Bulletin


  • charities & not-for-profit entities
  • corporate and commercial
  • health
  • privacy

  • Canadian Bar Association
  • Ontario Bar Association
Called to the Ontario bar - 1995

University of Ottawa, LLB - 1993

University of Toronto, BA - 1990