Resources, Articles, & Advocacy
Article | February 08, 2026
Similar but Different: Substitute Decision-Makers under the Rules of Civil Procedure and the Family Law Rules
The concept of a “substitute decision-maker” is deceptively simple but legally complex. While the role is often conflated with informal caregiving or family decision-making, in law it carries significant fiduciary duties and procedural consequences. Matters are further complicated by inconsistent terminology: the Substitute Decisions Act, the Family Law Rules, and the Rules of Civil Procedure each frame incapacity and representation in slightly different ways. For practitioners, this patchwork can create pitfalls when advising clients, drafting materials, or litigating issues involving incapable parties.
Article | February 08, 2026
What Ontario’s Seniors and Caregivers Should Know About the Support for Seniors and Caregivers Act, 2025
In May 2025, the Ontario government reintroduced the Support for Seniors and Caregivers Act, 2025, a legislative reform aimed at improving care standards, enhancing resident protections, and recognizing the essential role of caregivers. The Act proposes changes to both the Fixing Long-Term Care Act, 2021 and the Retirement Homes Act, 2010. This article highlights the most important things seniors, and their caregivers need to know about the proposed reforms, and what they may mean for long-term care, retirement living, and caregiving in Ontario.
Article | February 06, 2026
Client Capacity: Your Practical Guide – What Every Lawyer Should Know
I recently had the pleasure of attending a program organized by the OBA entitled “Client Capacity: Your Practical Guide.” The panel of excellent speakers provided practical advice and valuable insights into assessing capacity, spotting “red” flags, accommodating disability and navigating the legal steps if your client becomes incapable (or capacity is in question). While every case will be different, the panel underscored things that every lawyer should keep in mind, if and when, a capacity issue arises for a client.
Legislative Update | January 30, 2026
Your OBA LegUp Policy and Legislative Update Week of January 26
Eglinton LRT: The long-awaited and overbudget Eglinton LRT is targeting a February 8, 2026 launch date. More than 15 years since construction began, and six years since it was originally slated to open, the 19-kilometre, 25-station line will run between Kennedy Station and Mount Dennis.
Legislative Update | January 23, 2026
Your OBA LegUp Policy and Legislative Update Week of January 19
EV Boycott: Premier Ford is calling on Canadians to boycott Chinese-made EVs following a deal between Canada and China to allow up to 49,000 vehicles to enter Canada tariff-free.
Legislative Update | January 20, 2026
Your OBA LegUp Policy and Legislative Update Week of January 12
Premier Ford and China EVs: Following Prime Minister Carney’s meeting with Chinese President Xi, Premier Ford has raised alarm bells about the impact cheap Chinese EVs would have on Ontario's auto sector. The Premier has called the deal, which would allow up to 49,000 Chinese EVs to enter Canada tariff-free, as a lopsided deal.
Legislative Update | January 12, 2026
Your OBA LegUp Policy and Legislative Update Week of January 5
Premier Ford to Turn Over Personal Phone Records: The Ford government’s request for a judicial review of two IPC rulings on access to the Premier’s private phone logs was dismissed. In their decision, the judges wrote, “The conclusion that the Premier used his personal cellphone to conduct Cabinet Office matters is a finding of fact that attracts a high degree of deference.” The Premier’s office will be seeking leave to appeal the decision.
Resource | December 03, 2025
Client Capacity: Your Practical Guide
Evaluating a client’s capacity to instruct counsel and make other legal decisions is complex. Legal capacity may differ depending on time, situation or the decision to be made.
