It’s holiday time and questions often arise about whether gifts can be given on behalf of a person who, legally, isn’t capable of managing property.
Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.
Is it legal to retrieve sperm from a dead man – and use it to have a baby? The short answer is exactly what you’d expect from a lawyer: it depends. The long answer, for Canada at least, is that it depends on whether the deceased man put his wishes in writing and who would be using the sperm.
There are parents who describe their teenagers as “addicted” to video games. They might be right. On their path to seek help for their kids who seem lost in another world, could they have their children committed to a psychiatric facility? Perhaps.
A Toronto clinic violated Ontario's privacy laws by having video cameras placed throughout the premises without obtaining patient consent.
If you know someone caring for a loved one with dementia, you have to read this blog post!
Health Canada expresses plans to amend the Assisted Human Reproduction Act
The Long-Term Care Homes Public Inquiry Final Report contains a surprising amount of information about healthcare serial killers.
Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.
An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.
Physicians are infamous for their sloppy handwriting. But are there legal consequences?
The Ontario government recently proposed legislation that, if passed, would fundamentally change the delivery of health services in Ontario.
Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".
Here are the submissions made by Lisa Feldstein to Health Canada.
“Free birthing” is a movement of pregnant women rejecting the medicalization of birth and intentionally delivering babies outside the health care system. Why do people do it? Is it legal? And what can be done instead?
The week of November 19 is all about fertility law!
Should advance requests to medically assisted death be legal?
I will be presenting on Planning for Incapacity: Legal Consent and Decision-Making as part of a FREE workshop taking place Saturday, October 13 in King City, Ontario. Please join us and spread the word to caregivers of seniors!
An Ontario woman was told by the government that her physiotherapy in Alberta would be covered by OHIP. It wasn't. She appealed - and lost.
Confused about surrogacy law? Here is an overview of the legal process.
An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.
A person who is brain dead often does not appear dead. Their heart can still be beating and their chest may rise and fall. These behaviours raise the question, when should a personally be legally dead?
In Canada it is currently against the law to pay someone to donate sperm or eggs, or to be a surrogate. One politician wants to change that.
The term "proposed representative" is not in most people's vocabulary, and doesn't need to be. But if you are a family caregiver and the term arises, chances are there is a conflict about who makes health care decisions for a loved one.
Today is the first day of Canadian Infertility Awareness Week 2018. To those who are struggling, you are not alone [...]
It’s tax time! From ambulance services and assisted breathing devices to medical marijuana and wigs, a variety of expenses can save you money on your taxes...
Today is National Caregiver Day. At Lisa Feldstein Law Office, we interact with caregivers all the time. They constantly impress us with the knowledge they’ve acquired, the sacrifices they make, and the balancing acts they perform. They are not always heard by health professionals. They are not always thanked by their loved ones. But they are the invisible backbone of our health care system. So cheers to the caregivers! You are amazing! And YOU ARE NOT ALONE!
Many people appointed under a POA do not know they have specific legal obligations, and that they could face serious financial and other consequences if they do not satisy their duties.
In Ontario, if a doctor has a religious, moral or ethical objection to providing a medical service, such as abortion or medical assistance in dying, they can refuse..
With the holidays comes an opportunity to spend time with family and check on how loved ones are doing. As our relatives age or enter new stages of life, some of them may face health challenges we only discover when we visit in person.
The federal government has proposed new laws that would require certain health professionals involved with medical assistance in dying (“MAID”) to file reports about MAID.
A man in Florida tattooed “DO NOT RESUSCITATE” (often referred to as “DNR”) on his chest. Later in life he was brought into the emergency department in an unconscious state and his health care professionals were subsequently left to ponder whether they could – or should – honour his wish if his heart stopped.
When new clients contact us about surrogacy, one of their first questions is whether a surrogacy contract is really required when the surrogate is a relative. Our answer is always the same: yes...
The Ontario government introduced a new bill (“Bill 160, Strengthening Quality and Accountability for Patients Act, 2017″) that, if passed, would create a variety of changes within our health care system
The Human Rights Tribunal of Ontario recently decided that a nine-year-old boy with Autism does not have a right to bring his service dog with him to his elementary school... So, what does this decision mean for other children who utilize service animals?
Once in a while illegal activity is not prosecuted because it appears to be in the best interests of the public. This is currently happening in Toronto, where Harm Reduction Workers set up an illegal pop-up overdose prevention site in Moss Park because they believed the opioid crisis is at a point where drug users in the city cannot wait months for a legal supervised injection site.
Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.
An Ontario Court has brought some clarity to confusing language in the Criminal Code that regulates medical assistance in dying in Canada.
April 4, 2017 was the first ever National Family Caregiver Day in Canada. In support of caregivers I attended the City of Toronto Caregiver Appreciation Event and watched Toronto Mayor Tory proclaim April 4th to be Family Caregiver Day in Toronto.
This blog reviews – and strongly endorses – two of those recommendations made by the Law Commission of Ontario relating to powers of attorney.
On December 7, 2016 the Ontario government introduced Bill 84, Medical Assistance in Dying Statute Law Amendment Act, 2016 to fill some gaps that were outside Parliament’s authority to legislate.
There is a new Bill in government that would alter how surrogacy operates in Ontario.
See what we submitted to the government.
On September 29, 2016 the Ontario government introduced a new Bill that would fundamentally change the legal landscape with respect to who is a parent.
There have been efforts over the past several years to amend the law so that a volunteer can use the same police check for multiple organizations. The latest effort to enact this change came on September 15, 2016, with the first reading of Bill 15, Helping Volunteers Give Back Act, 2016. Variations of this Bill have been introduced previously in the Ontario Legislature.
There have been several media articles about “death doulas” or “death midwives”, who provide services to people who are dying and their families. The fact that many of these individuals are volunteers makes it clear they are driven by a passion to help. However, as a new field there are multiple legal issues that could pose problems for these service providers and the public alike.
On June 17, 2016, Bill C-14 passed and thus Canada now has legislation to govern physician-assisted deaths. On June 27, 2016, the British Columbia Civil Liberties Association launched a legal challenge to the new legislation.
On June 29, 2016, the Government of Canada introduced new regulations to ensure the safety of cribs, cradles and bassinets.
Physician-assisted dying (also called medical assistance in dying) is legal in Canada. There have been many twists and turns on the path to legalization, and consequently a great deal of confusion about the state of the law. This blog will sort out a few of the myths from the facts.
Canada’s Parliament introduced medical assistance in dying legislation (Bill C-14).
An Ontario court has granted its first order allowing a person to die with the assistance of a doctor.
People seeking permission to have a physician-assisted death are finding that there are many barriers to overcome before applying to court.
The Supreme Court of Canada has decided to grant Parliament’s request to delay laws that would make physician-assisted suicide legal in Canada… in part.
Cy and Ruby’s Act will create real change in Ontario. But hopefully the path to equality will not be accompanied by introducing fundamental flaws to surrogacy procedures in Ontario.
There is confusion about whether Quebec physicians can legally assist people to die between December 10, 2015 and February 6, 2016.
A New Zealand girl born with developmental disabilities is unable to speak, walk or see. In an effort to make her life better, her family decided to stunt her growth and remove her uterus.
As of December 2015 the Ontario government will start to pay for IVF.
In February 2016 physician-assisted suicide will be legal in Canada. And we need to talk about it.
A Panel is carrying out consultations about the developing assisted dying laws in Canada.
A Panel is carrying out consultations about the developing assisted dying laws in Canada.
Family Councils Ontario recently held its annual 2-day conference in Toronto and it was inspiring to hear about the great work being performed by Family Councils throughout the province.
It was reported that the government intends to introduce amendments to the existing health privacy law that will impose harsher penalties for people who breach patient privacy. It appears that the proposed amendments will also require hospitals, and possibly other health care providers, to report to the Information and Privacy Commissioner (“IPC”) when a privacy breach has occurred. But will these amendments make a difference?
Lisa Feldstein was recently announced as a recipient of a 2015 Precedent Setter Award.
The parents of an Aboriginal girl with cancer were allowed to refuse chemotherapy; the parties returned to court to have the judge clarify the decision.
Lisa Feldstein was interviewed on Caregiving Matters for their Power of Attorney Project.
An Ontario couple is suing a Georgia sperm bank because the donor profile was allegedly falsified.
Which “self” should prevail if the future “self” is a different person?
The Supreme Court of Canada’s recent decision opens the door for physician-assisted suicide in Canada.
What are some things a person should do upon a diagnosis of dementia?
Many people in their 20s and 30s do not have a Power of Attorney. They think if anything happened to them, their families would be able to make all decisions for them without issue. These people are mistaken.