Health law expert recommends against Charter challenge and advocates for binding arbitration for Ontario's doctors

TORONTO, Aug. 2, 2016 /CNW/ - Health law expert, Tracey Tremayne-Lloyd, is recommending the Ontario Medical Association (OMA) and the provincial government to avoid court action and instead continue to negotiate a contract for Ontario's doctors that includes a clause for binding arbitration.

Although the OMA reached a tentative agreement with the Ontario government on July 11, 2016, the association said it will continue to pursue its Charter of Rights and Freedom challenge against the Province.

"A Charter challenge will take years to make its way through the courts and will cost both sides millions of dollars. The taxpayers' money that will be invested to litigate this Charter challenge over the next four to five years could be better spent on the delivery of healthcare," says Tremayne-Lloyd, Certified Specialist in Health Law.

She argues that there should be no question over whether or not a contract for Ontario's doctors includes a clause for binding arbitration.

"From a legal perspective, good faith negotiations always require a provision for dispute resolution should the parties fail to come to an agreement. Binding arbitration puts the final outcome in the hands of arm's length, third parties with the appropriate education, training, and expertise to reach a fair and balanced binding decision," she explains.

Such a clause is even more crucial in this case considering that the government mandated the OMA to become the bargaining agent for all doctors in the province. In her most recent article, Tremayne-Lloyd provides a complete history and legal analysis of this ongoing issue. The article, When is a Bargaining Agent not Bargaining in Democratic Society is available at http://www.ttlhealthlaw.com/resources/publications-articles/details/when-is-a-bargaining-agent-not-a-bargaining-agent-in-democratic-society.

"Binding arbitration will undoubtedly bring the transparency and fairness that all doctors are seeking in a process that was created without their consent or input. The expertise and guidance of a qualified arbitrator would be more cost-effective for the government, better for the public, and respectful of our physicians," Tremayne-Lloyd says.

About Tracey Tremayne-Lloyd

Tracey Tremayne-Lloyd, J.D., C.S., is the Principal of TTL Health Law, a law firm with special experience in all areas of the health law business. Tremayne-Lloyd is widely recognized for her expertise in the representation of the health professions. Nurturing health law's development from the beginning, she is an expert on its origins and a leading voice and specialist in its current applications. www.ttlhealthlaw.com  

SOURCE Tracey Tremayne-Lloyd

Image with caption: "TTL Health Law (CNW Group/Tracey Tremayne-Lloyd)". Image available at: http://photos.newswire.ca/images/download/20160802_C6216_PHOTO_EN_746421.jpg

For further information: Media Contact: Tracey Tremayne-Lloyd, tracey@ttlhealthlaw.com, (416) 369-4336

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