The Holland Group – Frequently Asked Questions
What is The Holland Group?
The Holland Access to Justice in Medical Malpractice Group (“The Holland Group”) is an assembly of medical malpractice lawyers from the plaintiff and defence (physician and hospital) bars in Ontario that works towards reforming the way medical malpractice cases are litigated in the interests of all parties.
The Holland Group was established in 1998 after the release of the 1990 Prichard Report on Liability and Compensation in Health Care: A Report to the Conference of Deputy Ministers of Health of the Federal/Provincial/Territorial Review on Liability and Compensation Issues in Health Care and following the 1998 Tort Reform Conference (Toronto) organized by the CMPA, the mutual defence organization which assists Canadian physicians in medical-legal matters.
The Group meets on a periodic basis, sometimes with invited guests, to discuss and foster practical changes to the medical malpractice system.
What is The Holland Group’s mission statement?
The Holland Group promotes reforms in medical malpractice cases to serve the public interest by increasing access to justice to achieve equitable, affordable, and timely resolutions of medical malpractice claims.
Why are you called The Holland Group?
The Holland Group takes its name from one of the founders of the group and its first Chair, the late Honourable Mr. Justice Richard E. Holland, Q.C., a distinguished jurist who, in 1988, facilitated a discussion group of interested parties in connection with issues important to medical malpractice cases.
Who belongs to The Holland Group?
The Holland Group is currently comprised of 12 members evenly representing both the plaintiff and defence (physician and hospital) bars in Ontario. In 2018, the Honourable Mr. Justice Coulter Osborne retired as the Group’s Chair and the Honourable Mr. Justice John I. Laskin, former Justice of the Ontario Court of Appeal, took over the Chair’s position. The Group also has as its Honourary Judicial Member the Honourable Madam Justice Darla Wilson of the Ontario Superior Court of Justice. For an up-to-date list and biographies of the Group’s current members, please visit the Members section of our website at http://www.thehollandgroup.ca/members.html.
How can one join The Holland Group?
New members to The Holland Group are elected to join by invitation from the sitting members, a process that occurs when an existing member resigns their seat.
Where can one find information on The Holland Group’s position on various medical malpractice case issues?
Our website houses various position papers which the public can access.
One of the Group’s earliest initiatives was a conference held on November 30, 2020, Medical Malpractice: Liability and Damages. The materials from this conference can be found on our website by using this link [insert link].
The Holland Group organized a follow-up conference on February 26, 2021, Causation on Trial: Making Sense of Causation in the Most Difficult Cases. The conference materials are available on our website [insert link].
The Holland Group developed a Statement of Principles Applicable to Damages Experts in Medical Malpractice Litigation to assist counsel in the retention of experts. This Statement is also available on our website [insert link].
The Group contributed to the Consensus Submission of Participating Parties in Moore v. Getahun and Westerhof v. Gee Estate Appeals. The Group was one of seven Intervenors at the Court of Appeal in the Moore v. Getahun and Westerhof v. Gee Estate appeals, and it developed a Position Paper regarding issues arising from the Moore v. Getahun decision of 2014.
The Holland Group monitors legislative tort reform and makes submission to governmental and regulatory bodies on matters affecting access to justice related to medical malpractice actions.
In June and August 2021, The Holland Group prepared two submissions for the Honourable Mr. Justice Peter Lauwers, Chair of the Expert Evidence Subcommittee of the Civil Rules Committee, on Advancing Fairness and Efficiency in Medical Malpractice Litigation. The submissions can be found on our website [insert link].
Does The Holland Group accept requests to participate as Intervenors in the Courts?
From time to time, the Holland Group considers whether to seek leave to intervene in matters before the Courts, following requests by a member of The Holland Group or others. The Holland Group has an Intervention Policy that can be found on our website [insert link]. This policy provides general guidelines to be considered by The Holland Group.
How can one contact The Holland Group?
You can reach The Holland Group by contacting its project coordinator:
Ms. Sandra Perron
58 Oak Avenue
Tel: (905) 520-5853