John McIntyre
Education
2023 - HRPA Workplace Investigations Certificate
2022 - Master of Public Health, Johns Hopkins University
2015 - Called to Ontario Bar, Law Society of Ontario
2014 - Juris Doctor, Queen’s University
2010 - Bachelor of Science, McMaster University
Work Experience
2023-Present - Founder, McIntyre Szabo PC (Ontario)
2023-Present - Adjunct Professor at Queen’s University Law School
2022-2023 - Founder, McIntyre Health Law (Ontario)
2022 - Administrative Fellow, Northwestern Medicine (Chicago)
2021 - Patient Safety Consultant, Johns Hopkins (Baltimore)
2016-2022 - Associate Lawyer, BLG (Toronto)
2015-2016 - Judicial Law Clerk, Court of Appeal (Ontario)
Recognitions
2023-2024 - Future Litigation Star, Benchmark Canada
2023-2024 - Up and Coming Lawyer in Health Care, Chambers
2022-2024 - “One to Watch” in Health Care Law,
Best Lawyers in Canada
Experience
Legal Roles
John (he/him) founded McIntyre Health Law in 2022 and then co-founded McIntyre Szabo PC in 2023 after working as a senior associate in the health law group at Borden Ladner Gervais LLP, one of the largest law firms in Canada. Before this, John served as a judicial law clerk at the Court of Appeal for Ontario, with Justices MacPherson, Pepall, Benotto and Miller. John has been an adjunct professor for the upper-year Public Health Law course at Queen’s University Faculty of Law the last two years.
Practice Areas
John routinely represents and advises clients in the health care sector, including healthcare institutions (hospitals, retirement homes, LTC homes, clinics, insurers, regulators and professional associations) as well as allied health and regulated practitioners. His practice focuses on professional regulation and discipline (including defending clients in College complaints and investigations), medical staff credentialing, mental health law (CCB/ORB), appellate advocacy, OHIP funding challenges, human rights applications, civil litigation (including medical malpractice lawsuits), 2SLGBTQ+ advocacy (including fighting for coverage of gender affirming care), as well as general legal, clinical, operational, policy and risk advice. He also provides both external counsel and secondment support to hospitals as needed.
Courts & Tribunals
In his almost 10 years as lawyer, John has represented clients at all levels of court in Ontario, the Supreme Court of Canada and various tribunals, including the Ontario Review Board, Consent and Capacity Board, Health Professions Appeal and Review Board and Landlord Tenant Board. John was counsel on the first virtual hearing in the Divisional Court’s history during an urgent judicial review during the COVID-19 pandemic. See below for his representative cases.
Health Industry
With his deep understanding of the healthcare industry, John provides a unique and holistic perspective to health law matters. In 2022, he completed his Master Degree in Public Health at Johns Hopkins University. John has interned at two hospitals ranked top 10 in the US: Johns Hopkins Health System (Baltimore) and Northwestern Medicine (Chicago). He acts as a reviewer for the Journal of Patient Safety and Risk Management. John is ranked as “One to Watch” in Health Care Law by the Best Lawyers in Canada and is ranked as an Up and Coming lawyer for Health care with Chambers Canada.
LGBTQ+ Advocacy
As an out gay man, John uses his platform as a lawyer to be an advocate for the 2SLGBTQ+ community, especially where it intersects with access to healthcare. While at Johns Hopkins, he obtained his Certificate in LGBTQ Public Health. He co-authored a proposal for federal funding of a prophylactic (PrEP) to help end the HIV epidemic in the United States, is a founding partner of the Canadian Association of LGBTQ2S+ lawyers and a member of the SOGIC branch of the Ontario Bar Association. John represented two 2SLGBTQ+ advocacy organizations, Egale Canada and JusticeTrans, as interveners in the Peterson v. College of Psychologists of Ontario judicial review. He is representing K.S. in her challenge against OHIP to the Court of Appeal and has created a pro bono Gender Affirming Care Legal Support Clinic in partnership with The 519 in Toronto. John is a member of the Legal Issues Committee of Egale Canada, and is Chair of its Health Subcommittee.
External Activities
Teaching, speaking and writing are important to John. He has recently acted as an Adjunct Professor at Queen’s University teaching Public Health Law. He also routinely speaks on health-related topics at legal and healthcare events, most recently at the CBA, OBA and PRISME, and upcoming at CLEAR and CNAR 2024. John has volunteered with Pro Bono Ontario’s Free Legal Advice Hotline and is an active member of The Advocates’ Society, Ontario Bar Association, and Medico-Legal Society of Toronto. He was recently published in the Health Law in Canada journal on the impact of OR Black Boxes on the medical malpractice regime and has been regularly published in the Ontario Dentist Journal.
Outside the Law
In his spare time, John is an avid swimmer. In August 2019, he competed at the World Masters Swimming Championships in Gwangju, South Korea, where he placed 20th, 25th and 27th in his events. He also recently completed a two-year term as the Co-Chair of the Downtown Swim Club, Toronto’s amateur LGBTQ2S+ Masters Swim Team. John is an uncle to three and a dog parent to a little Chihuahua.
Representative Cases
Naus v. Dr. Kennedy (2024, Court of Appeal) - represented a Hospital on an appeal from a Consent and Capacity Board decision on a Community Treatment Order examining the interpretation of the CTO criteria, clarifying the law on CTOs in Ontario
OHIP v. K.S. (2024, Court of Appeal) - represented KS, who is transgender and non-binary, in challenging OHIP’s decision to deny funding for medically necessary gender affirming surgery (decision under reserve)
In the Matter of HH (2024, Consent and Capacity Board) - represented Ontario Health atHome on a CCB appeal relating to incapacity to make a decision relating to admission to long-term care
In the Matter of WC (2024, Consent and Capacity Board) - represented Ontario Health atHome on a CCB appeal relating to incapacity to make a decision relating to admission to long-term care
S.T. v. Dr. V.M. (2024, HPARB) - successfully defended a dentist in an appeal of an ICRC decision relating to pediatric care
Angeles v. Ontario College of Social Workers and Social Service Workers (2024, OCSWSSW Discipline Committee) - successfully represented a social worker in negotiating a joint resolution with the College relating to an estate bequest to the registrant by a former patient
Leontowicz v. the College of Physicians and Surgeons of Ontario (2024, HPARB) - successfully represented the CPSO in defending a challenge to its Registration Committee’s decision to refuse the applicant a certificate of registration authorizing postgraduate training in Ontario
Hamelin v. Georgian Bay General Hospital, et al (2024, Human Rights Tribunal of Ontario) - successfully represented the Hospital and its staff in securing a summary dismissal of the matter on the basis that it had no reasonable prospect of success
OHIP v. K.S. (2024, Divisional Court) - successfully represented KS, who is transgender and non-binary, in challenging OHIP’s decision to deny funding for medically necessary gender affirming surgery
Heinekamp (Re) (2024, Court of Appeal) - successfully represented Hospital in an appeal of the decision of the Ontario Review Board on a restriction of liberty hearing
Da’as v. Keyvani (2024 HPARB) - successfully represented dentist in upholding the decision of the ICRC on a complaint to the Royal College of Dental Surgeons of Ontario
Kozoubenko v. Gosk (2023, Court of Appeal) - successfully represented on a CCB appeal on the Court of Appeal’s second time considering when CCB appeals ought to be considered moot and dismissed
Peterson v. College of Psychologists of Ontario (2023, Divisional Court) - successfully intervened on behalf of Egale Canada and JusticeTrans to advance the position that regulated health profession Colleges have the authority to regulate public discriminatory and transphobic comments made by their members
SBJ v. Ali (2023, Superior Court) - successfully argued a Consent and Capacity Board appeal with respect to whether gaps in a transcript denied a fair appeal and whether the Board improperly applied a best interests test
Grey v. LeBlanc (2022, Superior Court) – successfully argued that a Consent and Capacity Board appeal was moot and the Court should not exercise its discretion to hear the case
In the Matter of IC (2022, Consent and Capacity Board) - successfully represented attending physician on preliminary issues regarding delay in rights advice and the legal requirement for filing statutory forms with the Officer in Charge
In the Matter of SR (2022, Consent and Capacity Board) - successfully represented attending physicians on a preliminary issue regarding the legal requirements for timing of review of statutory forms
M.L. v. Medical Advisory Committee of Hamilton Health Sciences Corporation (2021, Board of Directors & 2020, Medical Advisory Committee) – successfully defended the decision to revoke a physician’s privileges (unreported)
Savary v. Tarion (2021, Superior Court) – successfully brought motion to strike against plaintiff in claim for intentional interference with economic relations, breach of contract, conspiracy, negligence, discrimination and harassment
CG v. AN (2021, Health Professions Appeal and Review Board) - successfully defended dietician in appeal to HPARB from the ICRC’s decision to take no further action in complaint
Ward v. Armstrong (2020, Supreme Court of Canada) – successfully granted leave to intervene and acted as counsel for the Healthcare Insurance Reciprocal of Canada at the Supreme Court of Canada’s first case on the standard of care in professional negligence since 1995
Sprague v. Her Majesty the Queen (2020, Divisional Court) – successfully represented a hospital at the first virtual hearing in the history of the Divisional Court on an urgent judicial review of a hospital’s restricted visitor policy during the COVID-19 pandemic
Van Sluytman v. Muskoka (2018, Court of Appeal) – successfully represented two hospitals in appeals commenced by a vexatious litigant
(Re) Campbell (2018, Court of Appeal) – successfully represented a hospital on an appeal regarding when a hospital must report to the Review Board when there is a “significant” increase to the restrictions of liberty of an individual found not criminally responsible
(Re) Kalra (2018, Court of Appeal) – represented a hospital before a five-judge panel on an appeal considering whether to overturn a precedent regarding the use of treatment mandates in the dispositions of individuals found not criminally responsible
Lewin-Gillies v. York Central Hospital (2018, Superior Court) – successfully secured the dismissal of a medical malpractice action for delay and lack of expert report
Ramlall v. Medical Council of Canada (2018, Superior Court) – successfully brought a motion for summary judgment against an international medical student suing the Medical Council of Canada for failing to become licensed in Canada
H.C. v. Bottas (2018, Superior Court) – successfully defended appeal of a Consent and Capacity Board decision finding the appellant incapable of consenting to treatment (unreported)
Sacks v. Ross (2017, Court of Appeal) – successfully represented a hospital on an appeal of a jury verdict regarding the proper test for causation in a delayed diagnosis case and resisted the appellants’ application for leave to appeal to the Supreme Court of Canada
Rawsthorne v. Marotta, et al (2017, Superior Court) – successfully sought dismissal of a historical medical malpractice action due to an expired limitation period
Hall v. St. Joseph’s Healthcare Hamilton (2017, Small Claims Court) – successfully defended a hospital at an 8-day Small Claims Court trial (and four ensuing motions in the Superior Court) regarding the hospital’s obligation to provide care to a patient threatening hospital staff (unreported)
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