Blog - Family Health Law

We created an online DIY guardianship course to assist individuals to become guardian of property for their loved one - without hiring a lawyer! This video provides some context about why we made the course and who it is for (and not for!)

Consent and Capacity Family Caregivers

When do I need a surrogacy lawyer?

December 23, 2020

Intended Parents often call us at the very beginning of their surrogacy journey. While we're happy to chat, the actual legal work does not begin until later in the process.

Our Vlog Reproductive Law

How has Covid-19 impacted surrogacy in Canada?

December 4, 2020

Three ways Covid-19 has impacted surrogacy.

Our Vlog Reproductive Law

Don't Abandon Your Surrogate!

November 30, 2020

Some non-legal advice for intended parents about surrogacy.

Our Vlog Reproductive Law

Britney Spears' conservatorship

November 24, 2020

In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".

Lisa Feldstein Law Office Guardianship

# 1 Tip for Intended Parents

November 11, 2020

Find out our #1 tip for intended parents considering surrogacy.

Our Vlog Reproductive Law

What does a surrogacy lawyer do?

October 29, 2020

At the highest level, surrogacy lawyers do 2 main things: (1) help with the surrogacy agreement (drafting it and/or providing legal advice) and (2) ensuring the intended parents' names are shown on the birth certificate.

Our Vlog Reproductive Law

Launching our first online course!

October 15, 2020

We've been planning it for ages and we're thrilled to announce that our first online course is officially available!

Lisa Feldstein Law Office Guardianship

Long-term care visitor policies: what to expect in the second wave

October 8, 2020

On October 7, 2020 the Ministry of Long-Term Care released a new COVID-19 Visiting Policy.

Elder Law Long-Term Care & Retirement Homes

B.C Court rules against physician advocating for private health system

September 11, 2020

A B.C. Court has upheld parts of the law that, if dismantled, could open the door to a two-tier health care system in Canada.

Health Services Health Insurance / OHIP

#1 Reason Surrogates Need Their Own Lawyer

August 12, 2020

Why is it so important that intended parents and surrogates have their own lawyers? Find out here!

Our Vlog Surrogacy

Is surrogacy legal?

August 8, 2020

Our vlog answering the question: is surrogacy legal?

Reproductive Law Surrogacy

We've started a YouTube channel!

August 6, 2020

After dabbling with videos on our Facebook page during COVID19, we've decided it's time to get a little more serious...

Surrogacy Lisa Feldstein Law Office

Changes to the Law: Reimbursement of Surrogates and Donors

June 8, 2020

Since 2004 we've been waiting for the Assisted Human Reproduction Act to tell us what expenses can lawfully be reimbursed to donors and surrogates. Finally, the time has come. Mostly.

Legislative Update Reproductive Law

No-visitor policy challenged during COVID-19

May 17, 2020

A brief summary of the first case in Ontario challenging a hospital's no-visitor policy during COVID-19.

Long-Term Care & Retirement Homes Health Services

How does COVID-19 affect medical assistance in dying (MAID)?

March 28, 2020

With an ongoing pandemic, and the pressing need to practice physical distancing, finding a witness for MAID just got a whole lot harder.

End of Life / Assisted Dying Health Services

Lisa Feldstein Law Office will be working exclusively out of the office on account of COVID-19

March 13, 2020

Effective Monday, March 16, 2020 Lisa Feldstein Law Office will be working exclusively out of the office.

Lisa Feldstein Law Office

What legal duties and risks must travelers accept during the Coronavirus outbreak?

March 10, 2020

Mitigating the spread of a communicable illness is a responsibility we all share. No government can do it effectively without the cooperation of its citizens. But they can make it unappealing to break the law and tempt our fate.

Health Insurance / OHIP Health Services

Canada is about to change who is eligible for medically assisted death

February 28, 2020

After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.

Bioethics Consent and Capacity

What goes into an embryo donation contract?

February 21, 2020

Embryo donation agreements all have one thing in common. Can you guess what?

Reproductive Law

Safety of Sperm and Ova Regulations

February 10, 2020

We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...

Legislative Update Reproductive Law

What is a Power of Attorney for Personal Care?

January 15, 2020

Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.

Powers of Attorney Consent and Capacity

Holidays and POAs: 4 things to consider when gift-giving on behalf of a person with dementia

December 11, 2019

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.

Powers of Attorney Consent and Capacity

3 Things You Should Know If Your Parent Has Dementia

December 3, 2019

Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.

Elder Law Family Caregivers

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

November 19, 2019

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.

Bioethics Reproductive Law

Can you commit someone with a Fortnite addiction to a psychiatric facility?

November 4, 2019

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.

Consent and Capacity Mental Health

Can your doctor record your appointment on video?

October 11, 2019

A Toronto clinic violated Ontario's privacy laws by having video cameras placed throughout the premises without obtaining patient consent.

Privacy Health Services

Let’s talk about dementia – and how to support caregivers

September 15, 2019

If you know someone caring for a loved one with dementia, you have to read this blog post!

Elder Law Family Caregivers

Health Canada Plans to Consider Amending Assisted Human Reproduction Act

August 27, 2019

Health Canada expresses plans to amend the Assisted Human Reproduction Act

Legislative Update Surrogacy

Healthcare Serial Killers and the Long-Term Care Homes Public Inquiry Final Report

August 1, 2019

The Long-Term Care Homes Public Inquiry Final Report contains a surprising amount of information about healthcare serial killers.

Long-Term Care & Retirement Homes Elder Law

Changes to Reimbursements of Surrogates and Donors

June 26, 2019

Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.

Legislative Update Surrogacy

Can your ex legally refuse to vaccinate your kids?

May 13, 2019

An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.

Health Services Consent and Capacity

Can doctors get in trouble for messy handwriting?

April 19, 2019

Physicians are infamous for their sloppy handwriting. But are there legal consequences?

Health Services

Goodbye LHINs; Hello Ontario Health

March 18, 2019

The Ontario government recently proposed legislation that, if passed, would fundamentally change the delivery of health services in Ontario.

Family Caregivers Health Services

Reproductive Health Law Chapter

March 15, 2019

Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".

Surrogacy

Proposed Regulations to the Assisted Human Reproduction Act: Lisa Feldstein’s Submissions to Health Canada

January 10, 2019

Here are the submissions made by Lisa Feldstein to Health Canada.

Legislative Update Surrogacy

Free Birthing: A Health Lawyer’s Perspective

December 10, 2018

“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?

Health Services Reproductive Law

Two upcoming fertility law events!

November 13, 2018

The week of November 19 is all about fertility law!

Surrogacy Bioethics

Advance Requests for Medically Assisted Death

November 2, 2018

Should advance requests to medically assisted death be legal?

End of Life / Assisted Dying Bioethics

Upcoming Event for Caregivers - October 13, 2018

October 10, 2018

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!

Family Caregivers

OHIP Coverage Outside Ontario

August 29, 2018

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.

Health Services Health Insurance / OHIP

Surrogacy Contract Process

August 2, 2018

Confused about surrogacy law? Here is an overview of the legal process.

Surrogacy Reproductive Law

What happens to frozen embryos when a couple gets divorced?

August 1, 2018

An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.

Surrogacy Bioethics

When is a person legally dead?

July 18, 2018

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?

End of Life / Assisted Dying Bioethics

Is commercial surrogacy becoming legal?

May 31, 2018

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.

Surrogacy Bioethics

What is a proposed representative?

May 30, 2018

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.

Family Caregivers Consent and Capacity

Canadian Infertility Awareness Week 2018 PSA

April 23, 2018

Today is the first day of Canadian Infertility Awareness Week 2018. To those who are struggling, you are not alone [...]

Consent and Capacity

How to Save Money on Your Taxes

April 4, 2018

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...

Consent and Capacity End of Life / Assisted Dying

National Caregiver Day

April 3, 2018

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!

Family Caregivers Mental Health

5 signs a POA needs legal advice

March 16, 2018

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.

Powers of Attorney

Doctors Required to Make “Effective Referrals” (even if they morally object to the service)

February 27, 2018

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..

Bioethics End of Life / Assisted Dying

The gift of time: How to use the holidays to check on your family’s well-being

December 21, 2017

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.

Consent and Capacity Elder Law

Government proposes new MAID regulations

December 19, 2017

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.

End of Life / Assisted Dying Legislative Update

Does a “Do Not Resuscitate” Tattoo Have to be Followed?

December 5, 2017

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.

End of Life / Assisted Dying Bioethics

Do I need a surrogacy agreement with my cousin?

October 23, 2017

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...

Surrogacy Bioethics

Bill 160 could make it harder for families to protect loved ones with dementia

September 27, 2017

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

Consent and Capacity Elder Law

Boy with autism not allowed to bring service dog to school (and why the Human Rights Tribunal says that’s ok)

September 14, 2017

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?

Family Caregivers Human Rights

Illegal (but life-saving) pop-up overdose prevention site opens in Toronto

August 24, 2017

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 Services Human Rights

Assisted Human Reproduction Act Amendments on the Horizon: Have Your Say!

July 14, 2017

Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.

Health Services Surrogacy

Assisted Dying: Ontario Court Clarifies Meaning of “Reasonably Foreseeable Death”

June 23, 2017

An Ontario Court has brought some clarity to confusing language in the Criminal Code that regulates medical assistance in dying in Canada.

End of Life / Assisted Dying Bioethics

National Family Caregiver Day

April 5, 2017

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.

Family Caregivers

How to Reduce Abuse & Conflict Involving Powers Of Attorney (Reflections on Law Reform Recommendations)

March 16, 2017

This blog reviews – and strongly endorses – two of those recommendations made by the Law Commission of Ontario relating to powers of attorney.

Family Caregivers Consent and Capacity

Ontario proposes medical assistance in dying legislation

December 9, 2016

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.

Bioethics Consent and Capacity

Hospital staff should not have to review surrogacy contracts: potential implications of Bill 28

November 7, 2016

There is a new Bill in government that would alter how surrogacy operates in Ontario.

Health Services Reproductive Law

Bill 28: Lisa Feldstein’s Submissions to Government

October 18, 2016

See what we submitted to the government.

Health Services Reproductive Law

Ontario proposes to redefine parentage

September 30, 2016

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.

Health Services Reproductive Law

Criminal Record Checks for Volunteers: Balancing Public Safety and Convenience

September 19, 2016

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.

Family Caregivers Health Services

Should the “Death Care” Industry be Regulated?

July 28, 2016

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.

Family Caregivers Health Services

Assisted Dying Law to be Challenged

June 30, 2016

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.

Bioethics End of Life / Assisted Dying

Parents, Caregivers & Daycares Take Note: New Canadian Crib Regulations

June 30, 2016

On June 29, 2016, the Government of Canada introduced new regulations to ensure the safety of cribs, cradles and bassinets.

Legislative Update

Physician-assisted dying now officially legal in Canada: Myths vs Facts

June 6, 2016

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.

Legislative Update End of Life / Assisted Dying

Parliament Proposes Assisted Dying Law – how does that affect me?

April 15, 2016

Canada’s Parliament introduced medical assistance in dying legislation (Bill C-14).

Legislative Update End of Life / Assisted Dying

Ontario Court Grants First Order Permitting Physician-Assisted Death

March 25, 2016

An Ontario court has granted its first order allowing a person to die with the assistance of a doctor.

Legislative Update End of Life / Assisted Dying

Barriers becoming apparent for those seeking permission to die

March 8, 2016

People seeking permission to have a physician-assisted death are finding that there are many barriers to overcome before applying to court.

Legislative Update End of Life / Assisted Dying

Court delays assisted-dying law by 4 months, but Quebec exempt and individuals can apply to court for special permission to access physician-assisted dying

January 15, 2016

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.

Legislative Update End of Life / Assisted Dying

Cy and Ruby’s Act: One step forward for LGBTQ equality, one step back for surrogacy

December 17, 2015

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.

Legislative Update Reproductive Law

Physician-assisted dying now legal in Quebec… or is it?

December 10, 2015

There is confusion about whether Quebec physicians can legally assist people to die between December 10, 2015 and February 6, 2016.

Legislative Update End of Life / Assisted Dying

Should parents be allowed to stunt the growth of and sterilize their disabled child?

November 2, 2015

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.

Bioethics Consent and Capacity

Ontario Government Announces IVF Funding – Starting December 2015!

November 2, 2015

As of December 2015 the Ontario government will start to pay for IVF.

Health Insurance / OHIP Health Services

Will My Doctor Be Allowed to Kill Me? And Other Questions about Physician-Assisted Suicide in Canada

September 29, 2015

In February 2016 physician-assisted suicide will be legal in Canada. And we need to talk about it.

Bioethics Health Services

Do you have an opinion about what Canada’s assisted dying laws should look like?

September 22, 2015

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Bioethics Health Services

Privacy Bill Introduced in Ontario Legislature

September 21, 2015

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Health Services Privacy

Reflections on Family Councils and the Family Councils Conference

July 8, 2015

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.

Family Caregivers Long-Term Care & Retirement Homes

Privacy law amendments coming soon: but will they make a difference?

June 16, 2015

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?

Health Services Privacy

Thrilled to be recognized as a Precedent Setter!

June 9, 2015

Lisa Feldstein was recently announced as a recipient of a 2015 Precedent Setter Award.

Case Update: Aboriginal right to traditional medicine does not trump best interests of the child

May 1, 2015

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.

Bioethics Consent and Capacity

Lisa Feldstein interviewed on Caregiving Matters about Appointing Multiple People in Your Powers of Attorney

April 20, 2015

Lisa Feldstein was interviewed on Caregiving Matters for their Power of Attorney Project.

Lisa Feldstein Law Office

What happens when a sperm bank does not properly screen its donors?

April 7, 2015

An Ontario couple is suing a Georgia sperm bank because the donor profile was allegedly falsified.

Legislative Update Reproductive Law

Should we be allowed to deny our future selves food and water?

March 11, 2015

Which “self” should prevail if the future “self” is a different person?

Bioethics Health Services

Health Law Blog

Learn More Information About Family Health Law

Latest News

Webinar Announcement: Debriefing "I Care A Lot" and "The Guardians"

Online Courses for Caregivers About Mental Health Law

Caregiver Day T-Shirt Giveaway

How Canada's Medically Assisted Death Laws Have Changed (Hint: Eligibility Has Expanded)

Can Someone Use Your Egg or Sperm After You Die to Have a Baby?

What's the latest on medical assistance dying in Canada?

Do Surrogates Get Paid?

Is the law changing to permit physicians to remove ventilators?

What happens during the surrogacy process?

An Overview of the Embryo Donation Process

What I Want Egg Donors to Know Before Our Meeting

An Introduction to our DIY Guardianship Course

When do I need a surrogacy lawyer?

How has Covid-19 impacted surrogacy in Canada?

Don't Abandon Your Surrogate!

Britney Spears' conservatorship

# 1 Tip for Intended Parents

What does a surrogacy lawyer do?

Launching our first online course!

Long-term care visitor policies: what to expect in the second wave

B.C Court rules against physician advocating for private health system

#1 Reason Surrogates Need Their Own Lawyer

Is surrogacy legal?

We've started a YouTube channel!

Changes to the Law: Reimbursement of Surrogates and Donors

No-visitor policy challenged during COVID-19

How does COVID-19 affect medical assistance in dying (MAID)?

Lisa Feldstein Law Office will be working exclusively out of the office on account of COVID-19

What legal duties and risks must travelers accept during the Coronavirus outbreak?

Canada is about to change who is eligible for medically assisted death

What goes into an embryo donation contract?

Safety of Sperm and Ova Regulations

What is a Power of Attorney for Personal Care?

Holidays and POAs: 4 things to consider when gift-giving on behalf of a person with dementia

3 Things You Should Know If Your Parent Has Dementia

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

Can you commit someone with a Fortnite addiction to a psychiatric facility?

Can your doctor record your appointment on video?

Let’s talk about dementia – and how to support caregivers

Health Canada Plans to Consider Amending Assisted Human Reproduction Act

Healthcare Serial Killers and the Long-Term Care Homes Public Inquiry Final Report

Changes to Reimbursements of Surrogates and Donors

Can your ex legally refuse to vaccinate your kids?

Can doctors get in trouble for messy handwriting?

Goodbye LHINs; Hello Ontario Health

Reproductive Health Law Chapter

Proposed Regulations to the Assisted Human Reproduction Act: Lisa Feldstein’s Submissions to Health Canada

Free Birthing: A Health Lawyer’s Perspective

Two upcoming fertility law events!

Advance Requests for Medically Assisted Death

Upcoming Event for Caregivers - October 13, 2018

OHIP Coverage Outside Ontario

Surrogacy Contract Process

What happens to frozen embryos when a couple gets divorced?

When is a person legally dead?

Is commercial surrogacy becoming legal?

What is a proposed representative?

Canadian Infertility Awareness Week 2018 PSA

How to Save Money on Your Taxes

National Caregiver Day

5 signs a POA needs legal advice

Doctors Required to Make “Effective Referrals” (even if they morally object to the service)

The gift of time: How to use the holidays to check on your family’s well-being

Government proposes new MAID regulations

Does a “Do Not Resuscitate” Tattoo Have to be Followed?

Do I need a surrogacy agreement with my cousin?

Bill 160 could make it harder for families to protect loved ones with dementia

Boy with autism not allowed to bring service dog to school (and why the Human Rights Tribunal says that’s ok)

Illegal (but life-saving) pop-up overdose prevention site opens in Toronto

Assisted Human Reproduction Act Amendments on the Horizon: Have Your Say!

Assisted Dying: Ontario Court Clarifies Meaning of “Reasonably Foreseeable Death”

National Family Caregiver Day

How to Reduce Abuse & Conflict Involving Powers Of Attorney (Reflections on Law Reform Recommendations)

Ontario proposes medical assistance in dying legislation

Hospital staff should not have to review surrogacy contracts: potential implications of Bill 28

Bill 28: Lisa Feldstein’s Submissions to Government

Ontario proposes to redefine parentage