About Articles The below articles are published by the Elder Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Diane Vieira


Legality of Detention in Long-Term Care and Retirement Homes During the COVID-19 Pandemic

  • March 04, 2021
  • Jane E. Meadus, staff lawyer / institutional advocate, Advocacy Centre for the Elderly

While it is understood that drastic measures must be taken to reduce the risk of COVID-19 to residents across Ontario, especially those living in congregate care settings, this does not give the government carte blanche authority to restrict the liberty of Ontario’s citizens. Any restrictions must be carefully drafted and made in accordance with the rule of law.

Elder Law, Student Forum

Cultural Competency in Elder Law

  • March 04, 2021
  • Thijiba Sinnathamby, TSJ Law,

A look at providing legal services to Canada's increasingly diverse population.

Elder Law, Student Forum

Should We Amend the Health Care Consent Act to Allow Unilateral Removal of Ventilators?

  • March 04, 2021
  • Lisa Feldstein, Lisa Feldstein Law Office,

If COVID-19 overwhelms hospital resources, should the Ontario government consider a recommendation for an Executive Order to temporarily suspend the law requiring doctors to obtain consent of patients or families before withdrawing a life-sustaining treatment?

Elder Law, Student Forum

Invitation for Comments on PGT Online POA Initiative

  • March 03, 2021
  • Alex Procope, PBP Lawyers

The Public Guardian and Trustee (PGT) liaison committee of the Trusts and Estates section is inviting comments on the PGT’s initiative to modernize their online Power of Attorney information. Those interested in commenting should review the PGT summary of the initiative and request for feedback, provided here, and send any submissions by email to Alex Procope ( by March 26, 2021.

Elder Law, Student Forum, Trusts and Estates Law

Case Comment: LTC Mandatory COVID Testing Policy upheld in Labour Arbitration

  • January 04, 2021
  • Carina Lentsch, ACL Law -

Health-care workers in long-term care (LTC) and retirement homes may be required by their employers to undergo COVID-19 testing. This was the decision of arbitrator Dana Randall in Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes, 2020 CanLII 100531 (ON LA). This article summarizes key points of the arbitral decision.

Elder Law, Health Law, Student Forum

Update on Medical Assistance in Dying (MAID) Law in Canada

  • November 05, 2020
  • Wendi Crowe, Miller Thomson LLP

The law related to MAID in Canada continues to evolve. A look at the federal government's Bill C-7 and proposed amendments reintroduced in Parliament on October 5, 2020.

Elder Law, Student Forum

Elder Law and Financial Abuse

  • June 10, 2020
  • Harold Geller, MBC Law

A look at the special relationship between financial advisor and senior client and what remedies are available to seniors when things go wrong.

Elder Law, Student Forum

Long-Term Care in Ontario: Can we find light at the end of the COVID-19 tunnel?

  • May 05, 2020
  • Simmie Palter

As of April 29th, 2020, 79 per cent of all deaths in Canada from COVID-19 occurred in seniors’ and long-term care homes. This article takes a critical look at why long-term care facilities were disproportionately affected by COVID-19 and what the future hold for the residents and staff of Ontario’s 600 long-term care facilities.

Elder Law, Student Forum