Gerald B. Robertson Q.C.

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Gerald B. Robertson Q.C. Authored Books (with E Picard) Legal Liability of Doctors and Hospitals in Canada (3rd edn Carswell Toronto 1996) Mental Disability and the Law in Canada (2nd edn Carswell Toronto 1994) (with PL McDonald et al) Elder Abuse and Neglect in Canada (Butterworths Toronto 1991) Chapters in Edited Collections 'Negligence and Malpractice' in T Caulfield & J Downie (eds) Canadian Health Law and Policy ( 2nd edn ButterworthsToronto in press) 91-109 'Negligence and Malpractice' in T Caulfield & J Downie (eds) Canadian Health Law and Policy (Butterworths Toronto 1999) 83-100 (with MM Litman) 'The Common Law Status of Genetic Material' in BM Knoppers et al (eds) Legal Rights and Human Genetic Material (Emond Montgomery Publications Toronto 1996) 51-84 'Legal Approaches to Elder Abuse and Neglect in Canada' in MJ MacLean (ed) Abuse and Neglect of Older Canadians: Strategies for Change (Thompson Educational Publishing Inc Toronto 1995) 55-62 'The Right to Refuse Psychiatric Treatment in Canada' in SN Verdun-Jones & M Layton (eds) Mental Health Law and Practice Through the Life Cycle (Simon Fraser University Burnaby 1994) 114-117 (with MM Litman) 'Reproductive Technology: Is a Property Law Regime Appropriate?' in Royal Commission on New Reproductive Technologies Overview of Legal Issues in New Reproductive Technologies (Minister of Supplies and Services Canada Ottawa 1993) 233-301 'Sterilization Mental Disability and Re Eve: Affirmative Discrimination?' in WS Tarnopolsky et al (eds) Discrimination in the Law and the Administration of Justice (Les Editions Themis Inc Montreal 1993) 447-456 (with JP Hornick et al) 'Elder Abuse in Canada and the United States: Prevalence Legal and Service Issues' in RD Peters et al (eds) Aggression and Violence Throughout the Life Span (Sage Publications Inc Newbury Park 1992) 301-335

(with ML McCall) 'Legal Rights of Children to Health Care in the Common Law Jurisdictions of Canada' in BM Knoppers (ed) Canadian Child Health Law (Thompson Educational Publishing Inc Toronto 1992) 151-208 'Reform of the Law of Medical Liability: The Position in the Common Law Jurisdictions of Canada' in HP Glenn (ed) Contemporary Law: Canadian Reports to the 1990 International Congress of Comparative Law (Les Editions Yvon Blais Inc Montreal 1992) 173-196 'Medical Assessment and Professional Liability' in EL Gross (ed) Injury Evaluation: Medicolegal Principles (Butterworths Toronto 1991) 23-37 'Doctrinal Developments in Canadian Health Care Liability' in JR Prichard (ed) Liability and Compensation in Health Care Appendix B vol 1 (Prichard Commission University of Toronto Press Toronto 1990) 1-65 Articles in Academic Journals 'Informed Consent 20 Years Later' (2003) Health Law Journal 153-159. 'When Things Go Wrong: The Duty to Disclose Medical Error' (2002) 28 Queen's Law Journal 353-362 (with TA Caulfield) 'Xenotransplantation: Consent Public Health and Charter Issues' (2001) 5 Medical Law International 81-99 (with TA Caulfield) 'Cost Containment Mechanisms in Health Care: A Review of Private Law Issues' (2000) 27 Manitoba Law Review 1-16 'The Health Information Protection Act' (1997) 6 Health Law Review 8-10 (with T Caulfield) 'Eugenic Policies in Alberta: From the Systematic to the Systemic?' (1996) 35 Alberta Law Review 59-79 (with J Miller et al) 'Legal Norms Relevant to the Practice of Human Genetics: A Background Paper' (1995) 3 Health Law Journal 187-211 'The Efficacy of the Medical Malpractice System: A Canadian Perspective' (1994) 3 Loyola University Annals of Health Law 167-178 'Ontario's New Informed Consent Law: Codification or Radical Change?' (1994) 2 Health Law Journal 88-98 'Mental Disability and Canadian Law' (1993) 2 Health Law Review 23-27 'Advance Directives - A Legal View' (1991) 1 Health Law Review 3-6

'Informed Consent Ten Years Later: The Impact of Reibl v Hughes' (1991) 70 Canadian Bar Review 423-447 'Fraudulent Concealment and the Duty to Disclose Medical Mistakes' (1987) 25 Alberta Law Review 215-223 'Informed Consent in Canada: An Empirical Study' (1984) 22 Osgoode Hall Law Journal 139-161; reprinted (1985) 18 Annals of the Royal College of Physicians and Surgeons of Canada 49-53 and 125-130 Overcoming the Causation Hurdle in Informed Consent Cases: The Principle in McGhee v NCB' (1984) 22 University of Western Ontario Law Review 75-93 'Defective Premises and Subsequent Purchasers' (1983) 99 Law Quarterly Review 559-571 'Discovery of Hospital Accident Reports' (1983) 133 New Law Journal 1020-1021 'Damages for the Birth of a Child - Some Possible Policy Barriers' (1983) 23 Medicine Science & Law 2-4 (with MM Litman) 'Solicitor's Liability for Failure to Substantiate Testamentary Capacity' (1984) 62 Canadian Bar Review 457-497 'Jurisdiction Clauses and the Canadian Conflict of Laws' (1982) 20 Alberta Law Review 296-313 'Informed Consent to Medical Treatment' (1981) 97 Law Quarterly Review 102-126 'Civil Liability Arising from Wrongful Birth Following an Unsuccessful Sterilization Operation' (1978) 4 American Journal of Law & Medicine 131-156 Case Comments and Notes 'Castillo v. Castillo: Limitation Periods and the Conflict of Laws' (2002) 40 Alberta Law Review 447-449 'Scott v Birdsell: Limitation Periods in Medical Malpractice Cases' (1994) 32 Alberta Law Review 181-184 'Wrongful Life' (1982) 45 Modern Law Review 697-701 'Damages for Failed Abortion' (1981) 44 Modern Law Review 215-219 'Whitehouse v Jordan: Medical Negligence Retried' (1981) 44 Modern Law Review 457-461

A New Application of the Rescue Principle' (1980) 96 Law Quarterly Review 19-22 Other Publications Robertson Personal Injury Netletter co-author published electronically weekly by Quick Law Systems Limited (with PC Hebert & AV Levin) 'Bioethics for Clinicians: Disclosure of Medical Errror' (2001) 165 Canadian Medical Association Journal 509-513 (with E Nelson) 'Liability for wrongful Birth and Wrongful Life' (2001) 2 ISUMA: Canadian Journal of Policy Research 102-105 (with PA Singer et al) 'Advance Care Planning' in PA Singer (ed) Bioethics at the Bedside (Canadian Medical Association Ottawa 1999) 39-46 (with N Lazar et al) 'Substitute Decision Making' in PA Singer ed Bioethics at the Bedside (Canadian Medical Association Ottawa 1999) 33-37 'The Personal Directives Act: A Guide for Physicians' (Alberta Medical Association Edmonton 1998) (with T Caulfield et al) 'Notifying Patients Exposed to Blood Products Associated with Creutzfeld-Jacob Disease: Integrating Science Legal Duties and Ethical Mandates' (1997) 157 Canadian Medical Association Journal 1389-1392 (with N Lazar et al) 'Bioethics for Clinicians V: Substitute Decision Making' (1996) 155 Canadian Medical Association Journal 1435-1437 (with PA Singer et al) 'Bioethics for Clinicians VI: Advance Care Planning' (1996) 155 Canadian Medical Association Journal 1689-1692 'Mental Incompetency' in Canadian Encyclopedic Digest (West 3rd edn vol 22 Carswell Legal Publications Toronto 1995) (with T Caulfield M Shone & P James) 'Amending the Mental Health Act: A Review of Legal Issues' (Alberta Health Mental Health Division 1994) (with JA Miller) 'Canadian Legal Aspects of Obstetrics and Gynaecology' in RV Clements (ed) Safe Practice in Obstetrics and Gynaecology (London: Churchill Livingstone London 1994) 125-131 'Psychiatric Treatment and the Charter' (1991) 2 Constitutional Forum 106 'Doctrinal Developments in Canadian Health Care Liability' (Prichard Commission 1988)

(with J Hornick L McDonald & J Wallace) 'Elder Abuse in Canada' (Canadian Research Institute for Law and the Family Government of Ontario 1988) 'The Elderly and the Law: Possible Areas of Study for the Law Reform Commission of Canada' (Law Reform Commission of Canada Ottawa 1988)