I.       BACKGROUND

On June 24, 2016, the Law Commission of Ontario and partners hosted a unique opportunity for the legal profession. As part of the LCO’s project, Improving the Last Stages of Life, we co-hosted the Roundtable on Legal Ethics and Practice for the Last Stages of Life. Our partners for the roundtable were three lawyers specialized in trusts and estates, and mental health law: D’Arcy Hiltz, Alexander Procope and Ryan Fritsch.

 The purpose of the roundtable was to bring together practicing lawyers, academics, government counsel, policymakers and others from the legal community to share the professional and ethical practice challenges they face or foresee in this area of the law.

The roundtable was a workshop-style event involving intensive discussion in small groups. Activities throughout the day centered around the following themes:

Themes for The Roundtable Activities

  1. Advising clients on the last stages of life
  2. Resolving common disputes nearing the end of life
  3. Expectations for medical assistance in dying

In each case, participants were asked to answer questions on their experiences with related practice issues and, later, to link their answers to concerns about professional ethics.

Results of the roundtable have been incorporated into the discussion paper for the Law Commission’s project and will be taken into account when we consider possible recommendations for reform. They will also be summarized in a brief report that will publicly disseminated.

II.   LIST OF ROUNDTABLE ATTENDEES

  1. Julie Zamprogna Balles, Legal Counsel, McKenzie, Lake, Lawyers LLP
  2. Mark Berlin, Board of Governors, Law Commission of Ontario
  3. Shelley Birenbaum, Legal Counsel, Shelley R. Birenbaum Professional Corporation
  4. Saara Chetner, Legal Counsel, Office of the Public Guardian and Trustee
  5. Kerri L. Crawford, Legal Counsel, Whaley Estate Litigation
  6. Julia Evans, Legal Counsel, Ministry of the Attorney General
  7. Angela Fallow, Legal Counsel, Cunningham, Swan, Carty Little & Bonham LLP
  8. Arthur Fish, Partner, Borden Ladner Gervais LLP
  9. Colleen Flood, Professor, Faculty of Law, University of Ottawa
  10. Andrea Foti, Manager, Policy Department & Privacy Officer, College of Physicians and Surgeons of Ontario
  11. Ryan Fritsch, Policy Counsel, Legal Aid Ontario
  12. Alana Georgas, Counsel, Ministry of Health and Long-term Care
  13. Jan Goddard, Partner, Goddard Gamage Stephens LLP
  14. The Honourable Stephen Goudge, Board of Governors, Law Commission of Ontario
  15. Mark Handelman, Legal Counsel, Whaley Estate Litigation
  16. D’Arcy J. Hiltz, Barrister & Solicitor
  17. Pia Hundal, Trusts and Estates Executive Committee, Ontario Bar Association
  18. Daphne Jarvis, Partner, Borden Ladner Gervais LLP
  19. Trudo Lemmens, Professor, Faculty of Law, University of Toronto
  20. Johanna Macdonald, Staff Lawyer, ARCH Disability Law Centre
  21. Jane Martin, Partner, Dickson Appell LLP
  22. Sarah Mason-Case, Research Lawyer& Project Head, Law Commission of Ontario
  23. Laura Metrick, Legal Counsel, Ministry of the Attorney General
  24. Diana Miles, Executive Director, Law Society of Upper Cannada
  25. Linda Omazic, Legal Counsel, Property Rights, Office of the Children’s Lawyer
  26. Ryan Peck, Exective Director, HIV & AIDS Legal Clinic of Ontario
  27. Brendan Pooran, Founder/Principal Lawyer, Pooran Law
  28. Alexander N. Procope, Swadron Associates
  29. Lonny Rosen, Partner, Rosen Sunshine LLP
  30. Marshall Swadron, Swadron Associates
  31. Aneurin (Nye) Thomas, Executive Director, Law Commission of Ontario
  32. Mary-Alice Thompson, Partner, Cunningham, Swan, Carty, Little & Bonham LLP
  33. Amy Wah, Staff Lawyer, HIV & AIDS Legal Clinic of Ontario
  34. Judith Wahl, Executive Director, Advocacy Centre for the Elderly