Law Times

January 16, 2017

The premier weekly newspaper for the legal profession in Ontario

Issue link: https://digital.lawtimesnews.com/i/773199

Contents of this Issue

Navigation

Page 3 of 15

Page 4 January 16, 2017 • Law Times www.lawtimesnews.com Patients and their families need help navigating legal issues Program for hospital-based triage lawyers expands BY RON STANG For Law Times A program aimed at helping people navi- gate complex legal is- sues that arise when they confront illness is expand- ing across Ontario. Pro Bono Ontario's Medical- Legal Partnerships and its group of hospital-based triage lawyers will soon be operating at To- ronto's Mount Sinai Hospital and then possibly in Windsor, where a nascent program has al- ready been set up linking a fam- ily medicine centre, the Wind- sor Family Health Group, with Toronto pro bono lawyers. Lynn Burns, the founding executive director of Pro Bono Ontario, says the MLPs were set up after hearing directly from hospital social workers and community legal aid clinics that there was a need for this type of assistance for patients and their families. "What we've been doing is re- ally trying to take our services to where people are instead of them trying to find us," Burns says. The program involves five triage lawyers, based at The Hos- pital for Sick Children and Hol- land Bloorview Kids Rehabili- tation Hospital in Toronto, the Children's Hospital of Eastern Ontario in Ottawa, McMaster Children's Hospital in Hamilton and Children's Hospital of West- ern Ontario in London. As part of the program, PBO has embedded triage lawyers at hospitals, who act as point people to intake cases brought largely by patients' families. The cases can range from consent to guardianship to family employ- ment and housing, social assis- tance and immigration status. In 2016, almost 1,300 patients spoke to triage lawyers about their legal matters. Before em- bedding a lawyer in a hospital, PBO does an assessment of that hospital's patient population's needs. "We survey all the social workers, doctors, and get them to rate the frequency of differ- ent legal issues so we can have a better idea of how to build our team," says Burns. Funding for the MLPs var- ies from location to location. The PBO, through its core grant from the Law Foundation of On- tario of $800,000, pays the lion's share of triage lawyers' salaries. Each hospital provides office space and equipment. There is also considerable local fundrais- ing. In London, the Children's Health Foundation covers the entire triage lawyer's salary. The Hospital for Sick Children pays for 25 per cent of its triage law- yer's remuneration. The triage lawyers are em- bedded directly in the hospitals, often in the social work depart- ments, where hospital staff gen- erally have been well informed of the MLP and are alert to patients or families requiring legal help. "They [the lawyers] are the first point of contact," Burns says. The matters people consult triage lawyers about vary. In the hospitals, while there are a host of issues that families seek legal advice about, employment ap- pears to be first and foremost. "A lot of people are faced with losing their jobs whether they're caring for a sick child or a family member," Burns says. Beyond the triage lawyers is a network of some 200 private practice lawyers and several firms and clinics providing pro bono assistance for more com- plex or time-consuming cases. In London, the two firms that have partnered with Children's Hospital are probably the city's best-known legal entities, Lern- ers LLP and Siskinds LLP. Michael Lerner, partner and commercial litigation lawyer at Lerners LLP, was instrumental in bringing the MLP to London in 2012, the second such provin- cial program after Sick Kids. At the time, he was chairman of the hospital foundation and also a bencher. "So, I was able initially to convince Convocation to sup- port the initiative to get it off the ground in London so we could offer the same type of program that was offered in Toronto," he says. Seed funding came through The Advocates' Society. Lerner says it was "quickly determined" that for the pro- gram to be successful a lawyer had to be physically located in the hospital. At first, the triage lawyer worked there three days a week. "The number of referrals was significant enough that we decided to hire someone full time," Lerner says. That lawyer "is able to address questions and concerns without referral," says Lerner. "And when things are more complex or significant or time- consuming, a referral or a notice is sent to Lerners and Siskinds," he says. Each firm handles be- tween 15 and 20 cases a year and each has expertise in different areas. Hannah Lee, the triage law- yer at Holland Bloorview, sees first-hand the cases sent to her by hospital staff, including by clinicians. The hospital part- ners with Gowling WLG for pro bono backup. Lee says cases arise from the "unique circumstances" of kids with chronic disabilities such as epilepsy or cerebral palsy. Much of the work deals with succession planning, wills and estates. Oth- er issues may relate to consent to capacity and guardianship. "There are some transition- related issues that are unique to children with disabilities who have no mental capacity," Lee says. LT NEWS NEWS NEWS Hannah Lee, a hospital-based triage law- yer, says much of her work addresses suc- cession planning, wills and estates. Recognizing the best in Canadian deal-making Founding partners Come and celebrate at the 10 th annual Canadian Dealmakers awards gala This event brings together the who's who of corporate executives, CEO's, deal teams and advisors, who have impacted their industry and have strategically positioned their EXVLQHVVIRULQQRYDWLRQJURZWKJOREDOL]DWLRQDQGGLYHUVLȴFDWLRQ Join us at the Canadian Dealmakers awards ceremony on March 9, 2017 at the Fairmont Royal York Hotel Toronto. 6:00 pm Cocktail reception 7:00 pm Gala dinner & awards presentation Hosted by: Ben Mulroney, Anchor of CTV's eTalk Keynote Speaker: Ed Clark, former CEO of TD Bank Group To purchase a table, please contact us at CarswellMedia.Sales@thomsonreuters.com or call 416-649-8841. Learn more at www.canadiandealmakers.ca Net proceeds go to support Bronze Sponsor Untitled-1 1 2017-01-12 2:30 PM

Articles in this issue

Links on this page

Archives of this issue

view archives of Law Times - January 16, 2017