Legal Services

We offer legal help in many areas, such as mental health and capacity law, estate and guardianship litigation, Charter litigation, cases against public authorities, professional negligence, and victims’ rights. Learn about the services we offer:

Consent and Capacity Board & Ontario Review Board

What is it?

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.

Representative Cases

Barker v. Patel, 2018 ONCA 926 (CanLII)

MW (Re), 2018 CanLII 119685 (ON CCB)

Dickey v. Alexander, 2016 ONCA 961 (CanLII)

Thompson v. Ontario (Attorney General), 2016 ONCA 676 (CanLII)

MH (Re), 2015 CanLII 52814 (ON CCB)

MH (Re), 2015 CanLII 44148 (ON CCB)

S.L. (Re), 2012 CanLII 35952 (ON C.C.B.)

Cavalier v. Ramshaw, 2010 ONSC 5402 (CanLII)

Bon Hillier v. Milojevic, 2010 ONSC 4514 (CanLII) 

L. (Re), 2009 CanLII 47225 (ON C.C.B.)

P.S. v. Ontario, 2008 ONCA 550 (CanLII)

Giecewicz v. Hastings, [2007] O.J. No. 4969 (C.A.)

J.B. (Re), 2007 CanLII 20012 (ON C.C.B.)

C.K.C. (Re), 2007 CanLII 19995 (ON C.C.B.)

R. v. Sturkenboom, 2005 CanLII 4268 (ON CA)

Conway v. Jacques, [2005] O.J. No. 400 (S.C.J.)

D'Almeida v. Gojer, [2005] O.J. No. 379 (C.A.) 

H. (Re), 2005 CanLII 26824 (ON C.C.B.)

Pietrangelo v. Balachandra, [2004] O.J. No. 3349 (C.A.) 

Neto v. Klukach, [2004] O.J. No. 394 (S.C.J.)

T.S. v. O’Dea, [2004] O.J. No. 36 (S.C.J.)

Starson v. Swayze, [2003] 1 S.C.R. 722

I.H. (Re), 2003 CanLII 54955 (ON C.C.B.)

H.K. (Re), 2003 CanLII 54922 (ON C.C.B.)

L.L. (Re), 2003 CanLII 54916 (ON C.C.B.)

J.R. (Re), 2003 CanLII 54867 (ON C.C.B.)

A.B. (Re), 2003 CanLII 43532 (ON C.C.B.)

H.S.K. (Re), 2003 CanLII 28625 (ON C.C.B.)

S. G., Re, 2002 CanLII 20191 (ON C.C.B.)

M. P., Re, 2001 CanLII 5828 (ON C.C.B.)

Ontario (Criminal Code Review Board) v. Doe (1999), 47 O.R. (3d) 201 (C.A.)

Griffen v. Teplitsky, [1999] O.J. No. 1552 (S.C.J.)

Estate Litigation

What is it?

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.

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

Representative Cases

Javid v. Watson (2022), 164 O.R. (3d) 702 (S.C.J) 2022 ONSC 5803 (CanLII)

Neger v. Neger, 2018 ONSC 6739 (CanLII)

Ball Estate v. Ball, [1997] O.J. No.4375 (Div. Ct.) 

Constitutional and Human Rights Practice

What is it?

Sometimes conventional legal remedies will fail our clients. This is not because of anything that our clients have done but because the laws are wrong. In such cases, we work to fashion remedies based on the primacy of the Canadian constitution and human rights legislation in Ontario to strike down such laws. 

we extend civil legal aid—pOur work in such test cases has brought us to the Supreme Court of Canada and back. Marshall Swadron is also the contributor of chapters on the Canadian Charter of Rights and Freedoms rimarily and judicial review in the Law Society of Ontario’s Lawyer Licensing Barrister Examination study materials.

Representative Cases

Ontario (Attorney General) v. G., 2020 SCC 38 

G. v. Ontario (Attorney General), 2019 SCC 36 

G. v. Ontario (Attorney General), 2019 ONCA 264 (CanLII)

G v. Attorney General for Ontario et al., 2017 ONSC 6713

Sandhu v. Regional Municipality of Peel (Police Services Board), 2017 HRTO 1221 (CanLII)

Thompson v. Ontario (Attorney General), 2016 ONCA 676 (CanLII)

Ontario (Community Safety and Correctional Services) v De Lottinville, (2015), 125 O.R. (3d) 733 (Divisional Court)

P.S. v. Ontario, 2014 ONCA 900 (CanLII)

Thompson v. Ontario (Attorney General) 2013, 118 O.R. (3d) 34 (S.C.J.)

Thompson and Empowerment Council v. Ontario (2013), 117 O.R. (3d) 578 (S.C.J.)

Thompson v. Attorney General of Ontario (2011), 161 O.R. (3d) 176 (S.C.J.)

P.S. v. Ontario, 2008 ONCA 550 (CanLII)

Ontario (A.G.) v. Ontario (Human Rights Commission) (2007), 88 O.R. (3d) 455 (Div. Ct.)

Infant Number 10968 v. Ontario, 2006 CanLII 19946 (ON SC)

Braithwaite v. Ontario (Attorney General), 2006 HRTO 15 (CanLII)

Braithwaite v. Ontario (Attorney General), 2005 HRTO 32 (CanLII)

Policing and Public Authorities

What is it?

Swadron Associates has a proud record of holding law enforcement authorities to account in civil and administrative proceedings. Our work includes some of the leading cases in police liability and some of the only reported cases involving the mistreatment of persons in witness protection.

We seek redress on behalf of our clients for assault, malicious prosecution, negligent investigation and human rights breaches. We advise complainants in police discipline cases and act for families in coroner’s inquests arising from police-involved deaths.

Representative Cases

1631651 Ontario Inc v. City of Toronto, 2022 ONSC 4197 (CanLII)

Sandhu v. Regional Municipality of Peel (Police Services Board), 2017 HRTO 1221 (CanLII)

Patrong v. Banks, 2016 ONSC 4200 (Div. Ct.) (CanLII)

Ontario (Community Safety and Correctional Services) v De Lottinville, (2015), 125 O.R. (3d) 733 (Divisional Court)

Matton v. Yarlasky, [2007] O.J. No. 5014 (S.C.J.)

John Doe v. Ontario, [2007] O.J. No. 3889 (S.C.J.) 

Aylin v. Davis, [2007] CanLII 8012 (ON S.C.J.)

Cole v. Alarie and Ontario Provincial Police, 2006 ONCPC 12

Masters v Kiproff and Toronto Police Service, 2006 ONCPC 3 (CanLII)

John Doe v. Canada (Attorney General), [2006] F.C.J. No. 241 (F.C.)

De Silva v. Toronto Police Assn., 2004 CanLII 46663 (ON SC)

De Silva v. Ritchie, 2003 CanLII 32088 (ON SC)

Williams v. Ontario (Civilian Commission on Police Services), [2003] O.J. No. 3770 (Div. Ct.)

Willis v. Ontario, [1999] O.J. No. 3656 (S.C.J.)

John Witness v. Royal Canadian Mounted Police (Commissioner) (1997), 138 F.T.R. 176 (T.D.)

Power of Attorney & Guardianship Disputes

What is it?

In power of attorney and guardianship disputes, Swadron Associates lawyers represent guardians, attorneys and supportive family members as well as persons alleged to be incapable. 

Whether one is an attorney for property or personal care or a family member seeking to protect a vulnerable adult, our experience and subject matter authority can help shape the best possible outcome. No two families and no two situations are exactly alike. We offer a personalized approach and a full range of negotiation and litigation options in the Superior Court of Justice and before the Consent and Capacity Board. 

Our elder law and vulnerable adult representation practice focuses on resolving disputes in a manner that enhances personal autonomy and participation in decision-making. We take the same approach to our role as section 3 counsel arranged by the Public Guardian and Trustee to represent allegedly incapable adults in proceedings under the Substitute Decisions Act, 1992.

We offer representation, consultations and mediation services in the following areas:

  • Conflicts between joint attorneys for property or personal care

  • Applications to court for directions by guardians and attorneys

  • Disputes respecting the validity of powers of attorney

  • Applications to remove attorneys for property or personal care

  • Applications to replace the Public Guardian and Trustee as a statutory guardian of property

  • Applications for guardianship of property and the person under the Substitute Decisions Act, 1992

  • S. 3 counsel appointments under the Substitute Decisions Act, 1992

  • Applications to terminate a guardianship of property

  • Applications to compel guardians and attorneys for property to apply to court to pass their accounts

  • Representation of attorneys and guardians of property in contested accounting proceedings

Representative Cases

The Public Guardian and Trustee v. Beals et al., 2025 ONSC 846 (CanLII)

P.P. v. Ashley Oliver and The Public Guardian and Trustee, 2023 ONSC 5701

Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII)

MW (Re), 2018 CanLII 119685 (ON CCB)

Furfari et al. v. Furfari et al., 2015 ONSC 1157 (CanLII)

Cuthbertson v. Rasouli, [2013] 3 S.C.R. 341 

S.L. (Re), 2012 CanLII 35952 (ON C.C.B.)

Dryden v. Dryden, 2011 ONSC 7060 (CanLII)

DeMichino v. DeMichino, 2011 CarswellOnt 742 

Belzowski v. Fruitman, 2010 ONSC 4634 (CanLII)

Bon Hillier v. Milojevic, 2010 ONSC 4514 (CanLII) 

Brillinger v. Brillinger-Cain, 2007 CanLII 23331 (ON SC)

Bailey v. Bailey, [2007] O.J. No. 1842 (S.C.J.)

Neill v. Pellolio, 2001 CanLII 6452 (ON CA)

Professional Negligence

What is it?

As a society, we place tremendous trust in trained and licensed professionals such as lawyers to complete their work accurately and with integrity. Lawyers are not infallible, however, and can make costly errors with adverse consequences for their clients. When that happens, finding representation can be difficult as many lawyers are constrained by conflicts of interest when it comes to suing other lawyers.

At Swadron Associates, we offer representation in negligence and breach of trust claims against professionals, including lawyers and accountants. This area of practice often overlaps with our estate litigation practice. Our role is to recover the losses our clients have incurred, and, in the process, restore faith in the legal profession.

Representative Cases

Javid Estate v. Watson, 2023 ONCA 665 (CanLII) (appeal)

Javid v Watson et al., 2023 ONSC 3108 (CanLII) (contempt)

Javid v. Watson (2022), 164 O.R. (3d) 702 (S.C.J) 2022 ONSC 5803 (CanLII) (trial)

Javid v. Watson, 2021 ONSC 7626 (CanLII) (removal motion)

Gligorevic v. McMaster, 2012 ONCA 115 (CanLII) (ineffective representation of counsel)

Addab v. Pappas, [2006] O.J. No. 4056 (S.C.J.) (accountant negligence)

Boudreau v. Benaiah (2000), 46 O.R. (3d) 737 (C.A.) (appeal)

Boudreau v. Benaiah, 1998 CanLII 14650 (ON SC) (trial)

Professonial Regulation

What is it?

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.

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

Representative Cases

Saplys v Ontario Association of Architects, 2021 ONSC 2784 (Div. Ct.) (CanLII)

Saplys v. Ontario Association of Architects, 2019 ONSC 1679 (Div. Ct.) (CanLII)

Ontario (Community Safety and Correctional Services) v De Lottinville, (2015), 125 O.R. (3d) 733 (Divisional Court)

Khalil v. Ontario College of Art, [2001] O.J. Nos. 1845 and 1846 (Div. Ct.)

Richardson v. University of St. Michael’s College, [1995] O.J. No. 4000 (Div. Ct.) 

University of St. Michael's College and Richardson, 1994 CanLII 18313 (ON LA)

Adair et al. v. Health Disciplines Board (1993), 15 O.R. (3d) 705 (Div. Ct.)

Victim Representation in Civil & Criminal Matters

What is it?

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 (s. 278 and O’Connor and Mills applications) and sexual assault victims responding to applications to introduce evidence of their prior sexual conduct (s. 276 applications). We also act in civil sexual assault claims against perpetrators and institutions.

Representative Cases

R. v. T.K., 2022 ONCJ 21 (CanLII)

R. v Armstrong, 2017 ONSC 889 (CanLII)

Rossi v. Rossi, [2001] O.J. No. 1398 (S.C.J.)