Law Times

Law Times • may 4, 2009 NEWS O PAGE 5 It could be risky not to have a pandemic plan — and enforce them — may soon pay the price. "I think businesses are very much at risk if they don't have a plan, and at risk if they've got a plan but it's been put in a fi l- ing cabinet somewhere, or it's on their electronic system but they're not actually enforcing it," says Borden Ladner Gervais LLP partner John Morris, who also is the national co-ordinator of the fi rm's health law practice group. "Th at's certainly a lot of the discussion that was going on in the years after SARS, and things rganizations that ig- nored calls to cre- ate pandemic plans have quieted down, so you're just watching to see what happens." Morris says the Campbell Commission report on the 2003 SARS outbreak made it clear that people should be planning for a pandemic. Th e report was highly critical of the Ontario government and health care pro- viders for not being prepared for the SARS outbreak. With the possibility of a similar situation to SARS aris- ing with swine fl u, Morris says organizations need to take note. Unlike SARS, which was largely confi ned to hospi- tals, an outbreak would aff ect workplaces, for example. they'll need to think about is whether they're actually operationalizing their plan properly," he says. Morris notes that in legal claims arising from the SARS out- break, allegations were made that no plans existed, and if there was it was carried out inadequately. "It's a classic potential claim," "One of the sort of things he says. Morris notes that the Camp- bell Commission, led by the late Superior Court justice Ar- chie Campbell, highlighted the importance of the "precaution- ary principle." "Th ere's always this debate: let's not overreact, and then the other side is that, if we under- react we put ourselves at huge risk," he says. "Th ere's a potential tipping point — when does gov- ernment act, when does it not?" Morris adds that, with the ex- perience of the SARS crisis fresh in people's minds, organizations Follow that don't take proper steps likely will be unable to protect them- selves from claims based on the argument that the outbreak was an unforeseeable "act of god." He says lawyers must make it clear to organizations they repre- sent that "if they don't have a plan, they have a problem." —RT on LT www.twitter.com/lawtimes INFORMED LITIGATORS LEAVE NOTHING TO CHANCE Litigator™ on WestlaweCarswell® — Powerful insight for compelling arguments Compelling arguments start with Litigator. Get online access to more than 50,000 court documents including motions, pleadings and facta. Gain a full understanding of a legal issue and be prepared with the insight you need to craft compelling arguments. Expand your insight with SIX NEW expertly selected Court Document Collections* Uncover the details of a case from every angle. Get the Litigator advantage. www.litigatoronline.ca Call 1-800-342-6288 ext. 5811 *Available to current Litigator subscribers and new subscribers at a price designed to fit every firm. 12736 MM2 04/09 Untitled-3 1 www.lawtimesnews.com 4/24/09 10:47:47 AM

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