Margaret Isabel Hall

Associate Professor

BA Hons (UBC), LLB (Queen’s), LLM (UBC)

Margaret Isabel Hall is an associate professor at the Faculty of Law, Thompson Rivers University. Margaret's current research interests include law and aging, with a focus on mental capacity, vulnerability, and dementia, and systemic theories of liability in tort law. Her most recent research integrates "black-letter" doctrinal analysis with "law and society" approaches and methodologies (specifically, qualitative research methodologies). Prior to joining Thompson Rivers as a founding faculty member in the Faculty of Law, Margaret taught in the Faculty of Law (Common Law) at the University of Ottawa and the Faculty of Law at the University of British Columbia (now Allard Hall). She has also worked in law reform and was instrumental in the development of the Canadian Centre for Elder Law at the British Columbia Law Institute, becoming the Centre’s first Director.

Margaret is an Affiliated Global Faculty Member with the Vulnerability and the Human Condition Initiative centred at Emory University, Atlanta and a Fellow/Research Associate with the Centre for Research on Personhood in Dementia at the University of British Columbia. Margaret is also an adjunct professor in the School of Criminology at Simon Fraser University.

Margaret has published extensively in the areas of tort law and law and aging (with a focus on mental capacity, vulnerability, and dementia); Margaret’s publications may be accessed through her SSRN author page and at Research Gate.

Margaret teaches Torts in the first year curriculum and Advanced Torts, Wills and Estates and Family Law in the upper year curriculum.

Learn more about Margaret’s current project on “Responding to the Needs of Persons With Dementia: Developing a Canadian Guardianship Tribunal Model” at Inside TRU.

 Publications
Books
  1. 2015 co-authur, Gregory S. Pun and Ian Knapp, The Law of Nuisance in Canada, Second Edition (LexisNexis Canada)
  2. 2010 co-author, Gregory S. Pun, Nuisance Law in Canada (Lexis Nexis Butterworths)
Chapters
  1. “Mental Health Law for the Old: Defining the Category, Identifying the Issues" in C. Flood and J. Chandler, eds. Law and Mind: Mental Health Law and Policy in Canada (Toronto: LexisNexis, 2016).
  2. “Guardianship for the Old: Autonomy, Dementia, and the Guardianship Complex” in I. Doron, C. Foster & J. Herring, eds. Law, Ethics and Dementia (Oxford, UK: Hart Publications).
  3. “Capacity, Vulnerability, Risk and Consent: Personhood in the Law” in D. O’Connor, ed. Dementia, personhood and decision making: examining the interface (London: Jessica Kingsley Press, 2009)
  4. “Law and Aging: An Equity Theory Approach” in I. Doron, ed. Theories on Law and Ageing: The Jurisprudence of Elder Law (Berlin: Springer Publications, 2008).
  5. “Equity and The Older Adult: Undue Influence and Unconscionability” in A. Soden, ed. Advising the Older Client (Toronto: Lexis Nexus Butterworths, 2005).
  6. “Assisted Living” (with Charmaine Spencer) in A. Soden, ed., Advising the Older Client Toronto: (Lexis Nexus Butterworths, 2005).
  7. “Child abuse and the failure to protect: liability of public authorities in Canada” in D. Fairgrieve & S. Green, eds, Child Abuse Tort Claims Against Public Bodies: A Comparative Law View (London, UK: Ashgate Publishing Ltd., 2004).
Articles (refereed)
  1. 2016 “Theorising the Institutional Wrongdoer: The Role of Tort Doctrine” (2016) 53(4) Alberta Law Review 995 (Special Issue on Recent Development in Tort Law, in Honour of Prof. Lewis Klar)
  2. “The Vulnerability Jurisdiction: Equity, Parens Patriae, and the Inherent Jurisdiction of the Court” (2016) 2(1) Canadian Journal of Comparative and Contemporary Law 185.
  3. “Dementia, decision-making and the (adult) guardianship paradigm: Bentley v Maplewood Seniors Care Society” (2015) 1 Canadian Journal of Comparative and Contemporary Law 
  4. 2014 "Old age" (or, do we need a critical theory of law and aging?) has been published as a Discussion Piece in the Windsor Review of Legal and Social Issues (2014) Vol. 35
  5. 2013 “Elder law and conflicts of interest in the United States and Canada”, co-author, J. Pietsch (2013) 117 Penn State Law Review 1191
  6. 2012 “Mental Capacity in the (Civil) Law: Capacity, Autonomy and Vulnerability” (2012) 58 McGill Law Journal
  7. 2009 “Material Exploitation and the Autonomy Ideal: The Role of Equity Theory in Adult Protection Legislation” (2008) 5 Elder Law Review (Australia) Article 9.
  8. (co-author) “Assessing Capacity Within a Context of Abuse or Neglect” (2009) 21 Journal of Elder Abuse & Neglect 56.
  9. 2007 (co-author) “Equity Matters: Doing Fairness in the Context of Family Caregiving” (2007) Canadian Journal on Aging 26 (Supp) .
  10. 2006 “Institutional Tortfeasors: Systemic Negligence and the Class Action” (2006) 2 Tort Law Journal
  11. “Equitable Fraud: Material Exploitation in Domestic Settings” (2006) 4 Elder Law Review (Australia).
  12. 2005 “Duty, Causation and Third Party Perpetrators: The Bonnie Mooney Case” (2005) 50 McGill Law Journal 597.
  13. “The Bonnie Mooney Case” in "Cases and Commentaries: A UBC Forum” (2005) 16 Canadian Journal of Women and the Law volume 16, issue 2.
  14. 2003 “Duty to Protect, Duty to Control, and the Duty to Warn” (2003) 82(3) Canadian Bar Review 645.
  15. “Care For Life: Private Care Agreements Between Older Adults and Friends or Family Members” (2003) 2 Elder Law Review (Australia).
  16. 2002 “Intuitive Fiduciaries: The Equitable Structure of Family Life” (2003) 19 Canadian Journal of Family Law 345.
  17. “Child neglect and the right to protection: Z and Others v. United Kingdom” (2002) 24(4) Journal of Social Welfare and Family Law 448.
  18. “Care Agreements: Property in Exchange for the Promise of Care for Life, The British Columbia Law Institute Study” (2002) 81 Reform (Australia) 29.
  19. “The Care Agreement: Transfer of Property in Exchange for the Promise of Care and Support” (2002) 21 Estates, Trusts and Pensions Journal Vol. 21 209.
  20. 2000 “Responsibility Without Fault: The Rule From Bazley v. Curry” (2000) 79(3) Canadian Bar Review 474.
  21. “The Liability of Public Authorities for the Abuse of Children in Institutional Care: Common Law Developments in Canada and the United Kingdom” (2000) 14 (3) International Journal of Law, Policy and the Family 281.
  22. “After Waterhouse: Vicarious Liability and the Tort of Institutional Abuse” (2000) 22 (2)  Journal of Social Welfare and Family Law 159.
  23. 1998 “A Ministry for Children: Abandoning the Interventionist Debate in British Columbia” (1998) 12 (2) International Journal of Law, Policy and the Family 121.
 Research

Current research project: “Courts, Special Courts, and Inter-disciplinary Tribunals: Developing an Effective and Adequate Legal Response to the Needs of Persons Experiencing Dementia”  The objective of this research is to develop recommendations for the Canadian context through an analysis of existing legal models including guardianship tribunals (Australia), special courts (the UK Court of Protection), and the developing UK jurisprudence involving exercise of the inherent jurisdiction of the court.  This project will also incorporate a significant consultation element.  This project is supported by the Thompson Rivers Internal Research Fund and a grant from the Thompson Rivers University Accelerator Fund.  

Cam and Sally's Story: Legal Planning and the Dementia Journey

For further information, please download the PDF, "Cam and Sally's Story" and "Getting Your Affairs in Order", from the Alzheimer Society of BC website.

Research Reports
  1. 2009 Developing an Anti-Ageist Approach Within Law, Law Commission of Ontario.
  2. 2008 Constructing Elder Abuse - The Canadian Legal Framework, Department of Justice, Canada
  3. 2005 A Legal Framework for Supportive Housing for Seniors: Options for Canadian Policy Makers, Canada Mortgage and Housing Corporation (External Research Program)
  4. 2004 Financial Arrangements Between Older Adults and Family Members: Loans and Guarantees, A Report prepared for the Canadian Centre for Elder Law Studies by the Committee on Legal Issues Affecting Seniors, British Columbia Law Institute, Report No. 30.
  5. 2004 Report on Appointing a Guardian and Standby Guardianship British Columbia Law Institute, Report No. 30.
  6. 2002 Private Care Agreements Between Older Adults and Friends or Family Members British Columbia Law Institute, Report No. 18.
 Conferences
Workshops, Invited Participant
  1. 2013 Contract Law as Public Law at the Intersection of Globalisation and Privatisation (A Vulnerability and Human Condition Initiative & Feminism and Legal Theory Project Workshop), March 1-2, 2013 (paper presented, “Beyond the status/contract (false) dichotomy: equitable fraud”)
  2. 2012 Vulnerabilities and Identities: An Uncomfortable Conversation (A Vulnerability and Human Condition Initiative & Feminism and Legal Theory Project Workshop), September 14-15, 2012, Emory University, Atlanta, Georgia (paper presented, “Old age” (or, do we need a critical theory of law and ageing?)”)
  3. 2011  Beyond Rights: Vulnerability and Justice (A Vulnerability and Human Condition Initiative & Feminism and Legal Theory Project Workshop), May 6-7, 2011, Smith College, Northampton,” Mass (paper presented, “Autonomy and the Mental Capacity Threshold: Theorizing Vulnerability”)
  4. 2008 HRSDC Roundtable on Elder Abuse in Canada, June 2008, Government of Canada, Ottawa.
  5. 2007 “Affordable Housing and Public/Private Partnerships,” October 19-20, Boulder, Colorado, The University of Colorado Law School and The Centre on Property, Citizenship and Social Entrepreneurism, A Center at the Burton Blatt Institute for Disability Studies, Syracuse University College of Law
  6. “Dementia, Personhood and Decision-making: Examining the Interface,” an International Research Workshop, May 14-15 Vancouver, British Columbia, The Centre for Research on Personhood in Dementia, University of British Columbia.
  7. 2005 Facilitator, Conference of the National Institute of Justice, November, 2005, Vancouver, British Columbia, “Elder law.”
  8. 2004 National Housing Research Committee, May 3, 2004, Montreal, Quebec, “The Legal Regulation of Supportive Housing for Seniors: Options and Recommendations.”
  9. 2002 Justice Between the Generations (Workshop/Study Panel), Law Commission of Canada, October 28 2002, Ottawa, Ontario.
Conferences/Papers
  1. International Legal Ethics Conference VII, Fordham Law School, New York City, New York, July 14-16, 2016, “Guardianship for the Old: Ethical Implications of the Mental Capacity Construct”
  2. Canadian Law and Society Association Conference, Calgary, Alberta, May 28-30, 2016 “Dementia, Advance Directives, "Heroic Measures" and Physician Assisted Death: Autonomy, Identity, Person-hood and Equality”
  3. Canadian Elder Law Conference, Vancouver BC, November 12-13, 2015, “Mental capacity, vulnerability and the inherent jurisdiction of the court: DL v A Local Authority”
  4. 34th International Congress of Law and Mental Health, July 14-18 2015, Vienna, “Mental Health Law, Positive Rights, and the Social Response to Dementia: A Systems Approach”
  5. Law and Society Association Annual Conference, June 27-29, 2015, Seattle, Wash., “Dementia Autonomy and Guardianship for the Old”
  6. Sallows Fry Conference, May 21-22, 2015, University of Saskatchewan Faculty of Law “Tort remedies for institutional wrongs: negligence, misfeasance in public office and administrative segregation”
  7. Pacific Rim International Conference on Disability and Diversity, May 17-20, 2014, Honolulu, Hawaii “Advocacy on the Ground: Human Rights and Barriers for Persons with Mental Health Disabilities” (workshop) and “Developing a Mental Health Law Research Centre” (Presentation)
  8. Law and Society Association, May 29-31, 2014, Minneapolis, Minn., “After decision making: vulnerability and the obligation of public support”
  9. Obligations VII (University of Melbourne and University of Hong Kong Faculties of Law), July 15- July 18, 2014, Hong Kong, “Public Authority Liability in Negligence and Misfeasance in Public Office: Navigating the Gap”
  10. International Conference on Elder Law (University of Hawaii), November 11-13, 2013, Honolulu, Hawaii, “Immigration and the ‘lone’ old: building narratives, enabling response” and “Elder law in Canada” unpacking the construct”
  11. 2013 Law on the Edge (Canadian Law and Society Association/Law and Society Association of Australia and New Zealand ), July 1-4 Vancouver, BC, “Doing qualitative research in law: the mental capacity project”
  12. Law and Society Association, Annual Conference, May 30-June 2, Boston, Mass., “Old age (or, do we need a critical theory of law and ageing?)”
  13. 2012 (International) Law and Society Association Annual Conference, June 5-8, Honolulu, Hawaii, “Mental Capacity in the (Civil) Law: Capacity, Autonomy and Vulnerability”
  14. 2010 Gerontological Society of America Annual Conference, November 19-24, 2010,  New Orleans, Louisiana, “Beyond Cognition:  Toward a relational understanding of decision-making capacity”
  15. 2008 Law and Society/Canadian Law and Society Joint Annual Conference, May 28-31, 2008, Montreal, Quebec ““Consent and Capacity in Relationship Context: Material Exploitation and the Autonomy  Ideal” (Consent, Capacity and Liability: Women and Legal Regulation)
  16. 2007 Canadian Association on Gerontology, November 1-3, 2007, Calgary, Alberta, “Abuse, capacity and the material exploitation of vulnerable older adults: initiative to develop a multi-disciplinary evaluation of approaches in law and equity”
  17. Canadian Centre for Elder Law Studies, Vancouver, British Columbia, November 8-10, 2007,“Abusive Institutionalisation: Systemic Negligence in Institutional Settings for Older Adults.”
  18. International Meetings on Law and Society in the 21st Century: Joint Annual Meetings of LSA and the Research Committee on Sociology of Law, July 2007, Berlin, Germany, Chair/Session Organiser “Public Authority Liability: Developing Issues in Tort Law”; individual paper “Normalised Harms: Systemic Negligence and Limitations.”
  19. International Society of Family Law, North American Regional Conference, June 18-29 2007, Vancouver British Columbia, “Autonomy and Exploitation: Capacity, Duress and Undue Influence in Late Life “May-December” Relationships” and “Other People’s Children: Child Death Inquires and the Lessons of Failure”  (two papers presented).
  20. Canadian Law and Society Association, May 25-27, 2007, Saskatoon, Saskatchewan “Normalised Harms: Systemic Negligence and Limitations.”
  21. 2006 Canadian Conference on Elder Law, October 13-14, 2006,Vancouver, B.C., “Constructing Vulnerability: Deconstructing Legal Frameworks”
  22. 2005 Canadian Conference on Elder Law, October 29-30, 2005,Vancouver, B.C., “Financial exploitation of older adults: a framework for law reform”
  23. Canadian Conference on Elder Law, October 29-30, 2005, Vancouver, B.C., “Accommodation and Caregiving (the Care Agreement)
  24. Canadian Law and Society Association (Law’s Empire), June 25-June 30 (2005) Panel convenor “Institutional wrongdoing: why cause of action matters,” (individual paper) “Institutional Tortfeasors: Systemic Negligence and the Class Action.”
  25. Hidden Costs of Care/Invisible Contributions of Older Adults and Adults with Disabilities and/or Chronic Illnesses (SSHRC MCRI) Symposium, June 8-10 2005, Trent University, Peterborough, Ontario “Equity in caregiving families: Literary, legal, family and policy perspectives” (an interdisciplinary panel).
  26. American Association of Law Schools 2005 Annual Meeting, January 8 2005, San Francisco California “Do they Shepardize in Canada? An Essential Introduction to Canadian Legal research for U.S. Law Professors and Law Librarians”
  27. 2004 Conference of the Canadian Association on Gerontology, October 2004, Victoria, B.C. “Law and Aging: An Agenda for Interdisciplinary Research.”
  28. 2002 Joint Meeting of the Law & Society Association and the Canadian Law & Society Association, June 2002, Vancouver, B.C. “Intuitive Fiduciaries: The Equitable Structure of Family Life.”
  29. 2000 Canadian Law & Society Association Conference, June 2000, Banff, Alberta “Implications of the Fiduciary Relationship Between Parent and Child.”
  30. 1997 critical legal conference 97, September 1997, University College, Dublin, Ireland “A Ministry for Children: Abandoning the Interventionist Debate in Canada.”
  31. 1996 Canadian Law & Society Association Conference, June 1996, Brock University, St. Catherine’s, Ontario “Situating Gove.”
 Curriculum Vitae
 Links
Margaret Isabel Hall
Contact

Office:
OM 4763
Email:
mahall@tru.ca
Phone:
250-852-7697

Courses
  • Advanced Torts
    (LAWF 3780)
  • Family Law
    (LAWF 3820)
  • Legal Perspectives
    (LAWF 3020)
  • Torts
    (LAWF 3070)
  • Wills and Estates
    (LAWF 3870)