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The Aird & Berlis Health Law Group is a multi-disciplinary team of lawyers and patent agents focused on helping clients succeed in Canada’s highly-regulated healthcare sector. We provide a full range of strategic legal counsel and intellectual property services to a wide range of participants in the healthcare sector, including hospitals, regulated health professionals, laboratories, private health clinics, medical clinics, retirement homes, long-term care facilities, pharmacies, professional insurers, boards and foundations. We also represent a variety of health science, technology, biotechnology, pharmaceutical and life sciences companies, as well as medical device manufacturers.
The members of our Health Law Group are drawn from all practice areas at Aird & Berlis, which gives us a well-rounded understanding of the professional, business and personal issues facing clients in the healthcare sector. We understand the context in which you operate. Our experience extends to virtually every area in the healthcare sector, including leadership roles as board members and directors of prominent hospitals and healthcare foundations.
Our clients include a leading international provider of private healthcare services in Canada, one of the largest networks of dental clinics in Canada, the largest mutual defense association of Canadian alternative health care providers, cutting-edge pharmaceutical developers, one of Canada’s most technologically-advanced hospitals, professional associations, provincial healthcare agencies and numerous professional corporations and individuals. From big pictures issues of governance and strategy to the nuts and bolts of professional liability and everyday practice, we provide advice that helps clients achieve their professional and business objectives.
We have particular healthcare expertise in the following areas:
Corporate & commercial – Aird & Berlis lawyers combine their technical law acumen with a contextual understanding of the healthcare sector to deliver a full array of corporate and commercial advice. Our lawyers advise on establishing and maintaining professional corporations; corporate structuring; buying, selling and financing matters; and all contractual arrangements and transactions. We draft and negotiate agreements related to research, licensing, financing, supply, service, privacy and procurement.
Procurement – Procurement in the healthcare sector requires expertise beyond the traditional procurement skillset. Our lawyers are recognized leaders in this area. We have advised on all manner of procurements, including public and private infrastructure and technology, with a focus on alternative finance and procurement of hospitals, healthcare facilities and e-Health. We draft RFQs, RFPs and similar procurement documents and negotiate the definitive contract documents that arise from them. We also assist clients in responding to bid requests and mounting procurement challenges.
Privacy – Privacy is one of the cornerstones of the Canadian healthcare system. We advise individuals and organizations involved in the delivery of healthcare services on obligations under the Personal Health Information Protection Act and other similar legislation. More broadly, we advise on general privacy, data protection and data security issues, especially as they relate to domestic and international commerce.
Infrastructure – Aird & Berlis infrastructure lawyers deliver innovative advice with respect to complex infrastructure projects and interests in the healthcare sector. We have advised on more than 20 major healthcare infrastructure projects across Canada. Aird & Berlis offers Canadian and international expertise in public-private partnerships, project finance, infrastructure procurement, real estate and construction. Our lawyers have acted on behalf of provincial and municipal governments and agencies as well as design-builders, O&M providers, equity sponsors, lenders, bond underwriters, institutional investors, subcontractors, construction and management companies with respect to various project and infrastructure procurements, financings, refinancings and divestitures.
Information technology – We advise on a range of technology-related matters for hospitals and healthcare organizations, including licensing and technology transfer, outsourcing/managed services, procurement, consultant and other service agreements. Our IT lawyers also have related privacy expertise to ensure that technological advances are considered within the framework of patient privacy and regulatory compliance.
Intellectual property – We are proud to provide a full-range of intellectual property services to participants in the healthcare sector, including prosecution and defense of intellectual property claims; drafting, filing and prosecution of patent, industrial design and trademark applications in Canada and around the world; development and evaluation of intellectual property portfolio strategies; prior art searching; patentability, infringement and validity analyses; preparation and negotiation of licenses, assignments and IP security interests; performing patent audits and due diligence in commercial transactions. We act for a variety of Canadian and international clients, including hospitals, Fortune 100 pharmaceutical companies, healthcare organizations and post-secondary research institutions.
Labour & employment – Our workplace law experts advise healthcare-sector clients on employment, labour and occupational health and safety issues. Areas of employment expertise include terminations, human rights issues, pay equity, employment standards appeals and executive contracts. In the sphere of labour law, we provide ongoing advice to management clients with respect to union certifications, collective bargaining, arbitrations and investigations.
Governance – Our lawyers’ governance expertise – gained through years of experience in leadership roles as board members and directors of prominent hospitals and healthcare foundations – helps to guide our clients through issues of strategic planning, restructuring and relations among boards, committees and management. We also assist with interactions between hospitals, foundations and their respective stakeholders.
Foundations – Healthcare foundations play an integral role in the Canadian healthcare sector by facilitating community engagement, funding research and providing operational financial support beyond government funding. We support foundations with advice related to governance, gift planning, endowments and the relationship with stakeholders and the associated healthcare organization.
Financing – Our financial services lawyers advise lenders and healthcare sector individuals and organizations on financing transactions. We have advised on the financing of dental clinic networks, long-term care and retirement homes, cardiology centres, radiology groups and all manner of professional corporations. We have excellent relationships with lenders and understand the nuances of financing in the healthcare sector.
Tax, Estate and Charitable Planning – We advise a range of individuals, not-for-profits and foundations in the healthcare space on all manner of tax and estate planning, including advance planning and structuring for individual health professionals, advising individuals or corporations making large charitable donations to healthcare organizations as part of their estate or through other methods, and providing advice to leading healthcare foundations on matters related to gift planning and endowments.
Professional Negligence – Healthcare professionals have enormous responsibilities and are subject to complex regulations and potential discipline. If disputes arise, Aird & Berlis is poised to provide immediate, proactive counsel with respect to professional negligence and liability. We act as corporate and defence counsel for a nationwide profession-run mutual defence association for healthcare professionals and are well-versed in matters of professional liability, professional discipline, regulatory matters and civil litigation. We also provide mediation and ADR services in connection with claims against healthcare professionals and hospitals.
In addition to the areas of healthcare expertise specifically highlighted above, we advise on related areas such as real estate, commercial leasing and regulatory approvals.
Juno Pharmaceuticals Corp., a Canadian specialty generics pharmaceuticals company, announced that it had received a strategic growth investment from Signet Healthcare Partners, a New York-based health...
On February 14, 2022, SQI Diagnostics Inc., a leader in the science of lung health that develops and manufactures respiratory health and precision medical tests, completed the acquisition of the asset...
Biomind Labs Inc. (formerly Crosswinds Holdings Inc.), completed a plan of merger under the BVI Business Companies Act 2004 (British Virgin Islands) between Biomind Research Corp and a wholly owned su...
On August 3, 2021, Cybin Inc. (NEO: CYBN) (the “Company”), a biotechnology company focused on progressing psychedelic therapeutics, completed an overnight marketed offering pursuant to a prospectus su...
Small Pharma Completes $63 Million Brokered and Non-Brokered Private Placements, Qualifying Transaction and Initial Listing on the TSX Venture ExchangeAird & Berlis acted as Canadian legal counsel to Small Pharma with a team that included Richard Kimel, Melanie Cole, Danny Kharazmi, Sean Green (Capital Markets), Emily Chittick and Al Turnbull (Artic...
Aird & Berlis represented PsyBio Therapeutics, Inc. in a reverse takeover transaction and $14.5 million private placement.
Aird & Berlis advised the shareholders of Bloombox Club, a privately-held e-commerce company that sells and delivers indoor plants and natural products across the United Kingdom, in connection with it...
Cybin Completes RTO of Clarmin Explorations, $45 Million Private Placement and Listing on NEO ExchangeAird & Berlis acted for Cybin Corp. in RTO of Clarmin Explorations, $45 million private placement and listing on the NEO Exchange.
Aird & Berlis advised Champignon Brands Inc., a ketamine clinic operator, psychedelic medicine IP aggregator and novel drug discoverer, in connection with its $15 million bought deal private placement...
Firm NewsAird & Berlis is proud to announce that 88 members of the firm were selected by their peers for inclusion in the 2023 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ...
Firm NewsAird & Berlis is proud to announce that 84 members of the firm were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ...
Firm NewsAird & Berlis partners Trent Horne and Donald Johnston are among the leading lawyers named in the Lexpert Special Edition: Health Sciences 2021. This publication focuses on health services and the Lex...
A&B In the NewsJeffrey Merk sat down with the Dales Report last week to answer some additional questions about the legalities of the psychedelics space, and to find out just how busy lawyers are in the emerging indu...
A&B In the NewsIn an exclusive interview with the Dales Report, Jeffrey Merk provided answers to some frequently asked legal questions about the psychedelics industry.
A&B In the NewsAird & Berlis has been recognized by Psychedelic Invest as one of the top law firms that specialize in psychedelics.
Firm NewsAird & Berlis is pleased to announce that Danielle Shields has joined the firm as a partner and member of the firm’s Corporate/Commercial Group.
A&B In the NewsJeffrey Merk weighs in on the key factors the Ministry of Health and Health Canada look at to determine a government exemption for the legal import and consumption of the psychedelic substance ayahuas...
A&B In the News
Jeffrey Merk Featured in Law Times Story on Building a Psychedelic-Drug-Focused Corporate Law PracticeJeffrey Merk provides commentary in Law Times’ story on business opportunities in Canada arising in the psychedelics space.
ArticleOver the past few months, many of the most actively traded stocks on the Canadian Securities Exchange have been shares of companies involved in the psychedelics industry.
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ArticleOn April 1, 2020, the Department of Finance announced the new Canada Emergency Wage Subsidy delivering a 12-week wage subsidy of up to 75% of wages paid starting March 15, 2020.