Marshall A. Swadron

Marshall has served as counsel in all levels of Ontario courts, the Federal Court, and the Supreme Court of Canada, where he recently represented the winning party in G. v. Ontario. He also has considerable administrative law experience before tribunals, inquests, and applications for judicial review.

His practice areas include mental health and capacity law, guardianship and estate litigation, professional regulation, constitutional law and abuse of state power.

Marshall is also available to act as a mediator and has completed a semester-long course in Mediation and Conflict Management offered by the Program on Negotiation at Harvard Law School.

Marshall has been appointed amicus curiae or “friend of the court” before the Superior Court of Justice and in the Court of Appeal for Ontario. The Public Guardian and Trustee frequently appoint him to represent alleged incapable persons in guardianship applications. Marshall’s approach is to enhance the autonomy and participation of vulnerable persons in their decision-making. He works hard to resolve difficult cases in a manner that is consistent with his clients’ wishes.

Marshall’s teaching experience includes numerous speaking engagements and thirteen years as an instructor in the Public Law section of the Bar Admission Course and the Skills and Professional Responsibility Program of the Law Society’s lawyer licensing process. He served as co-chair of the Law Society's Administrative Law Practice Essentials Program from 2011 to 2017. He also contributes to the lawyer licensing process barrister reference material as the author of three chapters on the Canadian Charter of Rights and Freedoms and constitutional litigation.

Marshall is a member of the Advocates' Society and the Toronto Lawyers Association and Chair of the Mental Health Legal Committee. He also sits on the Legal Aid Ontario Mental Health Law Advisory Committee, the Alliance for Sustainable Legal Aid, and the Ontario Estates Bench-Bar Liaison Committee. He is a member of the Public Guardian and Trustee client-lawyer panel.