This blog explores the legal intricacies of the Malone v. Cappon case, specifically focusing on the challenges surrounding frozen embryos, jurisdictional issues, and the intersection of family law and reproductive technologies.
People who become parents through surrogacy and adoption get less EI than other parents. That might be about to change.
A webinar about how caregivers can leverage artificial intelligence
In Canada, the perception of a heated abortion debate is challenged upon closer scrutiny. With minimal abortions occurring beyond 21 weeks and only 8% of Canadians opposing abortion entirely, Canadians are actually more aligned than we might think.
The ink on the contract is still wet. Now what happens? Watch to find out!
Join us on February 16, 2023
We are proud to share great news with you!
If you have a loved one with a serious mental illness, you HAVE to watch this video. It is about the primary legal tool to get a person to the hospital for an assessment.
The government is currently debating a bill that could force people to long-term care without consent, even if they are mentally capable of making their own decisions.
Parents becoming guardians of their adult children often fear what will happen when they are gone.
A substitute decision-maker must be "capable" of making treatment decisions. What happens if they're not?
In this vlog Lisa reviews three (3) pros and three (3) cons of becoming guardian with another person.
On July 21, 2022 we will be hosting a free webinar about guardianship of the person.
If you are considering surrogacy, check out this video that provides 3 ways to save money during surrogacy.
In Canada it is against the law to pay a surrogate, although reimbursements are legal. But which reimbursements are lawful?
Our 6 week guardianship course starts this week!
What is a Management Plan? Hint: It relates to guardianship of property.
Join us on April, 28 at 6pm (Ontario time) for a free webinar where we dive into the question, why would I need to become guardian of property?
We now sell digital downloads through our online shop!
A guardian of property must complete, and follow, a Management Plan. Learn more here.
3 things people considering surrogacy should discuss with a potential surrogate
Does the location of the birth really matter? (hint: yes, yes it does)
Sometimes 2+ people have to make health care decisions for someone else (e.g. 2 parents deciding for a child, 3 adults deciding for a parent with dementia). In this vlog we answer the question: what happens if those decision-makers can't agree?
Find out what "mature minor" means in Ontario.
Who consents to children receiving the Covid-19 vaccine? The child? The parents? The government? The answer is complicated.
It is really necessary to have a contract with a egg, sperm or embryo donor?
A guardian of property can do almost anything - except make a Will! Learn more in this blog.
When discussing a patient or resident's capacity, it is important to be specific. Simply stating that a person is "incapable" is generally incomplete.
What is a capable person entitled to know before they consent or decline to consent to a proposed treatment?
Once in a while a client who is donating eggs to a friend or relative has asked us, do I have to accept the reimbursements? They aren't sure if refusing to be reimbursed for out-of-pocket expenses could somehow affect the legality of the agreement.
A brief overview of the Ontario Consent and Capacity Board.
Deciding to donate eggs is a big decision. The second biggest decision? Whether to do so on a known or anonymous basis.
Family caregivers do not necessarily anticipate being thrust into the role of an advocate, yet this is what happens all the time.
Who makes decisions if a patient is unable to for themselves?
The Public Guardian and Trustee (PGT) is an agency that plays a role in many matters involving consent and capacity.
3 reasons why having a surrogacy agreement is SO IMPORTANT!
In the fourth video of four part mini-series on mismanaging property, I discuss ODSP. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In the third video of four part mini-series on mismanaging property, I discuss joint accounts. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In the second video of four part mini-series on mismanaging property, I discuss guardianship of property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
In our 4 part mini-series on mismanaging property, I discuss powers of attorney for property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.
A Form 3 is a legal tool completed by a physician that requires a person to stay at the hospital as an involuntary patient in a psychiatric unit.
A Form 1 is a legal tool completed by a physician that allows a person to be detained at a hospital for up to 72 hours so that their mental health can be examined.
Close contact now allowed between residents and their essential caregivers provided the parties have received both doses of their vaccinations.
We made a tool for parents of children (of any age) with developmental disabilities who are unable to make medical decisions for themselves.
We are debriefing the films "I Care A Lot" and "The Guardians".
We have a giveaway for Family Caregiver Day! And I want to explain why.
We're excited to announce 2 online courses we’ve made specifically for families who have a loved one with a mental illness.
MAID is no longer available exclusively for individuals who are dying.
Can someone retrieve your sperm or egg from your body after you die - and use it to have a child? The answer is complicated.
We are on the verge of MAiD becoming lawful for Canadians whose death is not reasonably foreseeable.
Do surrogates get paid? What can be reimbursed? How do reimbursements work? This video has the answers!
Media is reporting that the government is considering removing the right of substitute decision-makers to consent to withdrawal of ventilators.
In this vlog, the surrogacy process is demystified.
In this video I provide an overview of the embryo donation process.
Information for egg donors to consider before they meet with a lawyer for independent legal advice.
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!)
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.
Three ways Covid-19 has impacted surrogacy.
Some non-legal advice for intended parents about surrogacy.
In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".
Find out our #1 tip for intended parents considering surrogacy.
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.
We've been planning it for ages and we're thrilled to announce that our first online course is officially available!
On October 7, 2020 the Ministry of Long-Term Care released a new COVID-19 Visiting Policy.
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.
Why is it so important that intended parents and surrogates have their own lawyers? Find out here!
Our vlog answering the question: is surrogacy legal?
After dabbling with videos on our Facebook page during COVID19, we've decided it's time to get a little more serious...
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.
A brief summary of the first case in Ontario challenging a hospital's no-visitor policy during COVID-19.
With an ongoing pandemic, and the pressing need to practice physical distancing, finding a witness for MAID just got a whole lot harder.
Effective Monday, March 16, 2020 Lisa Feldstein Law Office will be working exclusively out of the office.
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.
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.
Embryo donation agreements all have one thing in common. Can you guess what?
We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...
Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.
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.