Areas of Practice

We advocate for clients who face restrictions on their liberty and treatment against their will and in appeals from Consent and Capacity Board (CCB) decisions. We also accept amicus curiae appointments in such appeals and represent clients before the Ontario Review Board (ORB).

The CCB hears applications by persons challenging the decisions of psychiatrists and other health practitioners that affect liberty, bodily and mental integrity. The CCB considers a host of other matters including disputes respecting financial capacity, long-term care and end-of-life decisions. Swadron Associates is deeply committed to assisting those involuntarily detained in hospital and facing other significant consequences challenge those decisions. We accept legal aid certificates in this important practice area and do expand our representation to families and other affected parties.

We are responsive to the needs of our clients in seeking early and fair resolutions of estate disputes through negotiation and mediation while litigating when necessary.

Our estate litigation practice encompasses several types of cases including: contested wills, misconduct by estate trustees, dependent relief claims, applications to pass accounts, and lawyer negligence claims.

Swadron Associates' focus in the area of elder law is on the enhancement of personal autonomy and participation in decision-making in the following areas, for which we also represent families and other affected parties:

• Guardianship applications for property and personal care under the Substitute Decisions Act, 1992

• Power of attorney disputes

• Misconduct by attorneys and guardians

• Representation of persons alleged to be incapable

• Appointments under s. 3 of the Substitute Decisions Act, 1992

We serve as neutrals to facilitate negotiated resolutions of estate and guardianship matters, in addition to disputes in all areas of law in which we practice. Marshall Swadron brings 35 years of legal experience to this work while Jen Danch combines law and her prior social work career to help families navigate difficult waters. We are happy to host in-person two-party mediation sessions at our offices.

We accept select cases involving negligence claims against professionals, including lawyers and accountants. This area of practice often overlaps with our estate litigation practice.

Governments and the actions of those charged with enforcing the law impact our everyday lives. We seek redress for assault, malicious prosecution and human rights breaches.

We accept selected cases, many of which are test cases, involving the government and regulatory authorities, including:

• Judicial review of government action

• Cases based on the Canadian Charter of Rights and Freedoms

• Police and correctional negligence or abuse

• Negligent investigation or malicious prosecution

• Human rights complaints

• Coroner's inquests or inquiries

Swadron Associates lawyers accept court appointments to appear in criminal courts on behalf of victims and witnesses so that they may give their evidence while preserving their dignity. Our work in this area includes:

• Representation of complainants and witnesses seeking to prevent the disclosure of their counselling and other records (O’Connor and Mills applications)

• Representation of victims in sexual assault cases responding to applications to introduce evidence of prior sexual conduct (s. 276 applications)

• Civil sexual assault claims against perpetrators and institutions