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Nov 27

Issues in Consent, Capacity, Documentation and Confidentiality

November 27, 2021 @ 10:00 am - 12:00 pm


Presenter: R. Solomon, LL.B., LL.M.

Saturday, November 27, 2021
10:00 a.m. – 12:00 p.m. EST


This presentation will be delivered via synchronous online learning
Login details will be emailed to registrants prior to the event. 

In this presentation, Prof. R. Solomon will review and discuss many of the current legal challenges and issues faced by psychotherapists, including:

  • The changing legal environment;
  • The Canadian courts’ expectations and attitudes;
  • Legal authority in treatment, counselling and care: patient consent versus statute;
  • Cross-border counselling: indicate governing law in the consent form or patient materials; and check  the guidelines of your College and those of the other jurisdictions;
  • Legal implications of e-counselling and video counselling versus in-person counselling;
  • Consent forms: Do I need a signed consent form; does it have to be witnessed; who should get the signed consent; how long is it good for; and what is the evidentiary weight given to a signed consent?
  • When am I going to be held civilly liable in negligence? Negligence versus errors in judgment and professional incompetence. The scope of liability in negligence. How do the courts establish the standard of care? Compliance with or breach of customary practice;
  • To whom do I owe a duty of care in negligence and a fiduciary duty when counselling children?


Robert Solomon is at the Faculty of Law at Western University, where he holds the rank of Distinguished University Professor. He is also the National Director of Legal Policy for Mothers Against Drunk Driving (MADD) Canada. He has been involved in research and teaching on health care, civil liability, and criminal law for over 45 years. He has served as a consultant to Health and Welfare Canada, the Law Reform Commission of Canada, the Canadian Centre on Substance Abuse, and the Common-wealth of Australia Health Department. He assisted the Ontario Addiction Research Foundation in developing a provincial substance abuse program for schools, and has advised numerous health, counselling and care agencies.

Professor Solomon has travelled throughout Canada and Australia presenting legal programs in his fields of expertise. One of his major areas of concern has been the increasingly challenging legal environment facing social workers, health practitioners and youth workers. He is widely published in his fields of expertise and is the lead author of A Legal Guide for Social Workers, 3rd ed., which the Ontario Association for Social Workers published in 2014.


November 27, 2021
10:00 am - 12:00 pm
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