HealthTech in Canada

HealthTech in Canada

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Innovators at the intersection of healthcare and technology are key in this everchanging environment. While HealthTech companies have tremendous opportunities in this environment, they also face unique challenges and must contemplate oversight from a shifting regulatory and legislative landscape. From startups seeking seed funding and assistance navigating complex health data and privacy requirements, to established companies bringing new technologies or services to market, Dentons is here to assist.

With Dentons’ HealthTech team as your partner, we will ensure you meet your legal requirements—locally, nationally and globally.

Bringing your HealthTech strategies to life

We advise on all aspects of product development, public procurement, financings and IPOs, marketing and distribution, telemedicine solutions, electronic sharing of medical records, data management, health privacy legislation, regulatory compliance, mergers and acquisitions, internal governance and corporate matters, intellectual property protection, ethical standards in testing, clinical trials, software and cloud solutions, product liability litigation, and everything in between.

Dentons’ HealthTech team of professionals in technology and health / life sciences sectors help clients understand and navigate the legal and business challenges in this growing industry. Our practitioners are immersed in the sector and provide a wealth of experience in navigating regulatory bodies such as Health Canada to market health products, medical devices and digital solutions. As your business grows and moves into other markets, Dentons will assist you through our global network of HealthTech lawyers and advisors in all of the major markets around the world.

Our clients can rely on our accomplished people—many of whom have years of government experience (including multiple former heads of state), coupled with a deep understanding of public policy—to help you anticipate and explain legislative and regulatory developments. Members of our team have been at the forefront of government-led health strategies relating to pharmaceuticals, biosimilars, COVID-19 preparedness and the life sciences. We have advised on legislative and policy reforms, and are poised to advise on the anticipated significant investments in eHealth projects and initiatives. Our team includes a former Minister of Health, who led the design and implementation of a groundbreaking initiative that was a first in Canada for electronic access to lab and imaging results.

With Dentons’ HealthTech team as your partner, we will ensure you meet your legal requirements—locally, nationally and globally.

Our practice includes the following areas of focus:

Regulatory

We advise on complex federal and provincial regulatory regimes applicable to HealthTech services in Canada. We seamlessly combine extensive knowledge and experience in health regulatory, marketing and advertising, privacy and data protection, intellectual property, communications and commercial law, to provide guidance on market authorization processes as applicable to the entire product development and supply chain for HealthTech products and services.

Public Policy and Government Relations

We provide strategic advice to help clients navigate key issues and challenges when bringing new HealthTech products and services to market. Our team has a deep understanding of the complex requirements at both the federal and provincial levels to overcome barriers to healthcare innovation in an evolving public policy environment.

Public Procurement

Our tailored advice covers the full procurement life cycle, from initial requirements planning, through the design and implementation of a procurement strategy, proposal evaluation and contract award, implementation, management and termination. We handle procurement law challenges from both the supplier and buyer side, which provides us with unique insight to deliver practical, risk-mitigating solutions to move projects forward and meet your operational and financial objectives.

IT, Licensing and Commercial Arrangements

We assist HealthTech companies to commercialize their products, including licensing arrangements for software and technology to healthcare providers in Canada, the United States and around the world. We act for healthcare providers in their acquisitions of technologies, as well as advise them in negotiating licensing agreements. We assist with other commercial agreements, including supply, distribution, research and development, collaboration and reseller agreements.

Data Protection, Cybersecurity and Privacy

We advise clients on how to navigate the issues surrounding the use of personal health information as they develop innovative solutions targeting the healthcare sector. We help established clients securely leverage health data for use in novel business applications.

Intellectual Property

We develop and implement commercialization strategies through the drafting and negotiation of an array of simple to complex technology agreements, including patent licensing arrangements and developing agreements, with both public and private entities. We give practical advice to our HealthTech clients, including developers, resellers and licensees of technology. Our experience extends to advising on IP rights in the context of mergers and acquisition transactions. We also have a deep understanding of commercial litigation and litigation finance.

Corporate / M&A

We advise buyers and sellers of HealthTech companies, including in connection with reviewing regulatory compliance in the diligence process and navigating government approvals. Our team has helped HealthTech companies grow by acquiring complementary technologies and maximizing synergies through acquisition. We also advise private equity and venture capital firms in the formation and operation of investment funds that invest in HealthTech companies, including assisting with fund structuring and formation, and all legal aspects of the downstream acquisition of portfolio investments.

Corporate Finance

Our corporate finance practitioners help HealthTech companies with fundraising at all stages, from early rounds to IPOs to follow on investments. We advise underwriters and brokers, and coordinate diligence efforts with respect to securities offerings of HealthTech companies. We also provide advice to clients who invest in biotech, healthcare and HealthTech companies.

Startups / Emerging Growth Companies

We work with clients throughout every stage of the organizational lifecycle, from inception through growth stage, and toward exit or IPO. We have acted for a range of HealthTech companies in various areas, such as medical diagnostics, support, testing, innovation, monitoring and compliance.

Big Data, Machine Learning and AI

We act for some of the most significant ML/AI commercialization entities in Canada. We provide advice on the use of big data, machine learning, and AI models to drive informational value from the data produced in the health sector, and both the provision and procurement of ML/AI services, including advanced data analytics, data-driven health research involving public and private institutions/researchers, and public-private partnerships.

Risk Management and Litigation

We advise HealthTech clients about the unique disputes that can emerge from the development, implementation, use and abuse of medical technology. Our litigators provide both risk management advice and representation in the courtroom, arbitration or boardroom, as may be necessary. We understand the key commercial forces that drive disputes. By spotting issues early, we help our HealthTech clients minimize the risk of unnecessary and expensive disputes. We understand that litigation is the last resort we want to help our clients avoid, if possible. From investigations by regulatory agencies to insurance coverage disputes, to defense of individual or mass product liability class action claims, we work with you to thoughtfully develop and implement the right approach to maximize your chances of success.

Experience

FTI Professional Grade Inc.: Advising the prime contractor on a multi-million dollar subcontract for the manufacture of 10,000 ventilators purchased on an emergency basis by the Government of Canada as part of its emergency measures in response to the COVID-19.
Pandemic services and equipment: Advising multiple businesses on how to navigate Health Canada and fast-track regulations to bring personal protective equipment and ventilators to market during COVID-19.
Taplytics Inc.: Advising on incorporation and legal matters for this Toronto-based SaaS company, which recently assisted in the design and production of a COVID-19 “box” to be used to protect emergency room physicians.
Telemedicine providers: Advising on the federal and provincial regulatory requirements to expand clinics successfully into various regions across Canada, including on fees and billing, the nature and scope of insured services, the provision of out-of-province telemedicine services, and providing services either directly to consumers or as an employee benefit.
AI-based triage telemedicine app: Advising on the regulatory status of an AI-mediated triage application with respect to medical devices regulations, as well as corresponding privacy and health regulatory implications.
Cliniconex Inc.: Advising on all aspects of the business since its startup phase, and continuing to advise on corporate finance, governance and intellectual property matters as well as all of its commercial arrangements with partners and customers. Cliniconex is a software company that develops EHR/EMR integrated workflow automation solutions for medical clinics and senior care facilities, which are designed to reduce no-shows, improve patient/resident satisfaction, lower operational costs and return time to care.
Portag3 Ventures and Diagram Ventures: Advising on the formation of Canada’s largest VC funds focusing on FinTech, HealthTech and InsureTech.
Coalition of medical records services providers: Advising a group of specialized technology companies regarding the contestation of a complex, high-value electronic medical records public bid solicitation.
Telemedicine app: Advising on health regulatory and privacy issues related to the launch of a telemedicine app.
Medical software: Advising on health law privacy issues related to the development of cloud-based patient management software for use by clinicians.
Canadian Medical Association: Advising on corporate governance, transactional and regulatory compliance matters, including the sale by its subsidiary of its electronic medical records business to TELUS Health.
A healthcare agency of the Government of Ontario: Advising on the development, implementation and deployment of the Wait Time Information System for the Province of Ontario’s healthcare system.
Alberta Health Services (AHS): Advising on AHS’s Information Sharing Framework (“ISFA”) project, involving the negotiation of agreements and protocols among AHS, Covenant Health and physicians, represented by the Alberta Medical Association, in connection with the co-custodial relationship of these parties in respect of electronic medical records generated by AHS’ EMR systems. This long-term and complex project has involved interaction with the Legal and Privacy, Medical Affairs, HIMM and CMO departments of AHS and other stakeholders including the Universities of Alberta and Calgary, CMPA, CPSA, OIPC and Alberta Health. The ISFA is the first integration of EMR and EHR systems in Canada involving co-custodianship of electronic medical records by the physician and AHS (and other facilities-based custodians).
Capital Health (now Alberta Health Services): Acting for one of the largest integrated health systems in Canada, in connection with its netCARE initiative, Canada’s first major regional electronic health record implementation that involved negotiating complex agreements among a consortium of five technology companies in three countries.
One of Canada's most innovative medical supply companies: Advising on its multi-million dollar sale of its intellectual property division, the granting of an asset sale option, and the entry into a product supply agreement, all with one of the world's largest medical supply companies.
Global leader of logistics automation: Advising the company in connection with the negotiation of a long-term contract for the supply of high-tech equipment, and maintenance and support services with a major university health center.

Recognition

Dentons recognized at the Financial Times Innovative Lawyers Awards North America

Released: December 11, 2020; updated: April 12, 2023

In a year of unprecedented challenges for our clients in the 193 communities we serve across the globe, Dentons, the world’s largest law firm, was recognized at the Financial Times (FT) Innovative Lawyers Awards North America for continuing to innovate in the midst of crisis.

Insights

Healthcare trends to watch in 2023: Advances in the use of telemedicine

January 24, 2023

The impact of COVID-19 resulted in a significant increase in the use of telemedicine across Canada. Some Regulators of healthcare providers directed their members not to see patients in their offices, adding to the need for patients to be treated via telemedicine. Accompanying the rapid increase in the reliance on telemedicine are the usual risks of possible negative impacts on the businesses offering telemedicine services.

Bill 64: First round of new Québec privacy requirements come into force this week – What does this mean for your business?

September 22, 2022

On Thursday, September 22, 2022, the first set of requirements brought on by Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, comes into force in Québec. The remaining requirements will come into force in increments, in September 2023 and in September 2024

Considerations for de-identifying personal health information: Guidance from Ontario’s Information and Privacy Commissioner

June 24, 2022

Canada: Modern health technology relies on increased availability and quality of personal health information to improve the quality of treatment and prevent diseases. However, it is no secret that data in its non-identifying form is also valuable in the health care context, as it can drive innovation and inform decision-makers on public health matters and health system planning.

View all insights for HealthTech in Canada

HealthTech in Canada

HealthTech in Canada

Bringing your HealthTech strategies to life