Penny S. Bonner

Biography

Penny Bonner practises life sciences law. She is Chair of our Life Sciences and Recall and Crisis Management Teams. Ms. Bonner advises and represents clients in Canada in the following sectors: biotechnology, prescription and over-the-counter pharmaceuticals (both human and veterinary), natural health products, medical devices, foods and cosmetics.

Her counsel to clients includes analysis of regulatory changes and drafting of submissions for regulatory changes, bioethics, commercial agreements, constitutional challenges to regulatory restrictions, crisis management, labelling, advertising and promotion, pricing, product liability litigation, both individual and class actions, protection of personal information, recalls and government enforcement actions, regulatory approvals, and resisting disclosure under freedom of information laws.

Ms. Bonner has significant experience helping clients deal with key regulatory agencies, such as the Health Products and Food Branch of the Department of Health, the Canadian Food Inspection Agency, the Department of Agriculture and Agri-food and the Patented Medicine Prices Review Board, as well as seeking judicial review of those agencies' decisions in Federal Court. Her background includes serving at the predecessor agency to the Health Products and Food Branch.

Year of Call

• Ontario Bar 1980

Law School

• LL.B., University of Ottawa, 1978

EDUCATION

• B.A. (Hons.), Queen's University, 1972

Publications

• "Caveat Venditor" (co-author: Martha Healey), Information bulletin, Ogilvy Renault, May 2008.
• "Recalls 2008: Are You Ready?" (co-author: Martha Healey), Information bulletin, Ogilvy Renault, March 2008.
• Practical Law Company Cross-Border Life Sciences Handbook 2007/08 (Chapter on Canada; co-authors: Martha A. Healey, Judith Robinson and Teresa J. Walsh), Practical Law Company.
• Life Sciences Handbook 2005/06 (Chapter on Canada; co-authors: Martha A. Healey, Judith Robinson and Teresa J. Walsh), Practical Law Company.
• "Update - Regulating Drug Prices in Ontario - A Hasty Attempt to Resolve Intricate Issues," Commentary, Ogilvy Renault, August 2006.
• "Does It Matter Whether the Best is Really the Best? Advertising Claims in Canada" (co-author: Martha A. Healey), Update, FDLI, July/August 2006.
• "A Short-Sighted Approach to Reducing Drug Costs in Ontario," Commentary, Ogilvy Renault, April 2006.
• "Substance Over Form: Federal Court of Appeal Overturns Disclosure Exemption," Commentary, Ogilvy Renault, August 2005.
• "In the Kitchens of the Nation," Commentary, Ogilvy Renault, December 2004.
• "Federal Court Strengthens the Confidentiality of Information Held by Health Canada," Commentary, Ogilvy Renault, October 2004.
• Life Sciences Handbook 2004/05 (Chapter on Canada; co-authors: Martha A. Healey, Judith Robinson and Teresa J. Walsh), Practical Law Company.
• "Canada Welcomes Stem Cell Research," Commentary, Ogilvy Renault, March 2002.
• "Natural Health Products Regulations: A Vague New Vision," Information bulletin, Ogilvy Renault, March 2002.
• "Does Your Food, Drug, Medical Device or Cosmetic Pose a Risk to the Environment? The Canadian Government Wants to Know," Information bulletin, Ogilvy Renault, October 2001.
• "Release of Draft Canadian Standards for the Labelling of Genetically Modified Foods," Commentary, Ogilvy Renault, August 2001.
• "Environmental Assessment of Foods, Drugs and Cosmetics," Client Commentary, Osler, Hoskin & Harcourt, August 1999.
• "Natural Health Product Recommendations Accepted," Client Commentary, Osler, Hoskin & Harcourt, April 1999.
• "Ontario's Proposed Health Information Legislation," Client Commentary, Osler, Hoskin & Harcourt, July 1996.
• "Ontario Government Announces Sweeping Changes to Provincial Health Care System," Client Commentary, Osler, Hoskin & Harcourt, January 1996.
• "Patient Treatment Options: 'How involved should patients become in treatment decision making?'", Current Oncology, Ontario Cancer Foundation Debate, December 1995.
• "The Canadian Health Care System in the 1990s: Laudable Goals but Difficult Choices," Shepard's Contemporary Health Care Issues Journal, April 1994.

Speaking Engagements

• Product Recalls: Protecting the Safety of the Public, Your Reputation and the Future of Your Business (Co-Chair), Insight Information, September 25-26, 2008.
• Forum on Product Liability and Recalls: Limiting Risks in a Global Economy (Co-Chair), The Canadian Institute, May 2008.
• 5th Annual Forum on Pharma Patents, The Canadian Institute, October 2006
• "Direct to Consumer Advertising Challenges, Risks and Pitfalls," Canadian Association of Professional Regulatory Affairs Education Day, June 2006.
• "Recalls and Crisis Management," Regulatory Affairs course, Humber College, April 2002, March 2003, & March 2004.
• "Food Regulation in Canada," International Food Laws and Regulations graduate course, Michigan State University, September 1999, April 2000.
• "A Hands-On Licence Negotiating Workshop," Intellectual Property Institute of Canada Annual General Meeting, September 1999.
• "Drug Safety and Liability," Medical Information Group, April 28, 1998.
• "Regulatory and Civil Liability for Labelling," Canadian Association of Pharmaceutical Regulatory Affairs, January 1997.
• "Regulatory and Civil Liability for Labelling," Canadian Association of Pharmaceutical Regulatory Affairs, October 1996.
• "The Pharmaceutical Industry, Seminar on Public Policy and Business," Government Relations, York University MBA Program, October 1995 & February 1997.
• "Liability for Labelling and Promotion of Pharmaceuticals," Drug Information Association, June 1995.
• "Direct-to-Consumer Communication of Prescription Pharmaceuticals," Drug Information Association, May 1994.
• "Freedom of Information Appeals - The Third Party's Perspective," Management Board of Cabinet, Government of Ontario, March 1994.

Rankings and Recognitions

• The Best Lawyers in Canada - Biotechnology Law (2008) 
• The International Who's Who of Life Sciences Lawyers, 2008
• "Consistently Recommended" for life sciences, Canadian Legal Lexpert Directory, 2008
• "Leading Lawyer" for regulatory matters, Practical Law Company Cross-Border Life Sciences Handbook, 2007/2008
• "Leading Lawyer" for regulatory matters, Practical Law Company Cross-Border Life Sciences Handbook, 2005/2006

Memberships and Activities

• Canadian Bar Association
• American Bar Association
• Drug Information Association
• Licensing Executives Society
• Canadian Bioethics Society
• Toronto Biotechnology Initiative
• Food and Drug Law Institute
• Canadian Cosmetics, Toiletries and Fragrances Association
• Intellectual Property Institute of Canada