Margaret Isabel Hall
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 a Visiting 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 and Wills and Estates in the upper year curriculum.
- 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 Lewis Klar)
- 2016 “The Vulnerability Jurisdiction: Equity, Parens Patriae, and the Inherent Jurisdiction of the Court ” (2016) 2 Canadian Journal of Comparative and Contemporary Law 185
- 2016 co-author, co-author, Gregory S. Pun, Ian Knapp The Law of Nuisance in Canada 2d ed. (Toronto: Lexis Nexis Butterworths, 2016)
- 2016 “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).
- 2015 “Dementia, decision-making and the (adult) guardianship paradigm: Bentley v Maplewood Seniors Care Society” (2015) 1 Canadian Journal of Comparative and Contemporary Law
- 2014 “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).
- 2014 “Old age” (or, do we need a critical theory of law and aging?)” (2014) 35 Windsor Review of Legal and Social Issues 1.
- 2013 “Elder law and conflicts of interest in the United States and Canada”, co-author, J. Pietsch (2013) 117 Penn State Law Review 1191
- 2012 “Mental Capacity in the (Civil) Law: Capacity, Autonomy and Vulnerability” (2012) 58 McGill Law Journal.
- 2010 co-author, Gregory S. Pun, Nuisance Law in Canada (Toronto: Lexis Nexis Butterworths, 2010).
- 2009 “Material Exploitation and the Autonomy Ideal: The Role of Equity Theory in Adult Protection Legislation” (2008) 5 Elder Law Review (Australia) Article 9.
- 2009 (co-author) “Assessing Capacity Within a Context of Abuse or Neglect” (2009) 21 Journal of Elder Abuse & Neglect 56.
- 2009 “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)
- 2009 Developing an Anti-Ageist Approach Within Law, Law Commission of Ontario (Commissioned Report).
- 2008 “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).
- 2007 (co-author) “Equity Matters: Doing Fairness in the Context of Family Caregiving” (2007) Canadian Journal on Aging 26 (Supp).
- 2006 “Institutional Tortfeasors: Systemic Negligence and the Class Action” (2006) 2 Tort Law Journal.
- 2006 “Equitable Fraud: Material Exploitation in Domestic Settings” (2006) 4 Elder Law Review (Australia).
- 2005 “Duty, Causation and Third Party Perpetrators: The Bonnie Mooney Case” (2005) 50 McGill Law Journal 597.
- 2005 “The Bonnie Mooney Case” in "Cases and Commentaries: A UBC Forum” (2005) 16 Canadian Journal of Women and the Law volume 16, issue 2.
- 2005 “Equity and The Older Adult: Undue Influence and Unconscionability” in A. Soden, ed. Advising the Older Client (Toronto: Lexis Nexus Butterworths, 2005). 329-343
- 2005 “Assisted Living” (co-author) in A. Soden, ed., Advising the Older Client Toronto: (Lexis Nexus Butterworths, 2005). 305-327
- 2004 “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).
- 2003 “Duty to Protect, Duty to Control, and the Duty to Warn” (2003) 82(3) Canadian Bar Review 645.
- 2003 “Care For Life: Private Care Agreements Between Older Adults and Friends or Family Members” (2003) 2 Elder Law Review (Australia).
- 2002 “Intuitive Fiduciaries: The Equitable Structure of Family Life” (2003) 19 Canadian Journal of Family Law 345.
- 2002 “Child neglect and the right to protection: Z and Others v. United Kingdom” (2002) 24(4) Journal of Social Welfare and Family Law 448.
- 2002 “Care Agreements: Property in Exchange for the Promise of Care for Life, The British Columbia Law Institute Study” (2002) 81 Reform (Australia) 29.
- 2002 “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.
- 2000 “Responsibility Without Fault: The Rule From Bazley v. Curry” (2000) 79(3) Canadian Bar Review 474.
- 2000 “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.
- 2000 “After Waterhouse: Vicarious Liability and the Tort of Institutional Abuse” (2000) 22 (2) Journal of Social Welfare and Family Law 159.
- 1998 “A Ministry for Children: Abandoning the Interventionist Debate in British Columbia” (1998) 12 (2) International Journal of Law, Policy and the Family 121.
Current Research Projects
Assessing the Human Rights Remedy after Moore v. British Columbia (Education): A Qualitative Research Study (funded by the Law Foundation of British Columbia)
The purpose of this study is to assess the post-Moore landscape in British Columbia: how many and what kinds of complaints to the Human Rights Tribunal were initiated against School Districts and the Ministry of Education by parents on behalf of students with Special Needs (SN) in British Columbia between 2011 and the present? Of these, how many were withdrawn, settled, or taken to hearing, and why? To what extent are parents of students with SN aware of the Human Rights remedy established in Moore, how likely are they to take steps to access that remedy and why/why not? Finally, what are the experiences of parents in accessing this Human Rights remedy?
Adult Protection: A Qualitative Research Study Examining Implementation/Awareness of BC’s Adult Guardianship Act (funded by the Foundation for Legal Research)
Part Three of the Adult Guardianship Act, R.S.B.C. 1996, c.6 was proclaimed in British Columbia in 2000. The legislation is implemented by British Columbia's health authorities and Community Living BC as the "designated authorities" under the Act. The objective of this project is to ascertain and evaluate how the legislation has been “used”- for whom and for what purpose- in the intervening 15 years, and to assess levels of awareness among legal "gatekeepers" about the legislation.
Selected Conference Presentations/Organisation
- 2017 Panel organiser/Chair: Dementia in Old Age: Legal Constructions, Legal Response Parts I; Dementia in Old Age: Legal Constructions, Legal Response Parts II Conference of the International Academy of Law and Mental Health, Prague, July 2017.
- 2017 “Law and dementia: situating dementia in the experience of old age” Conference of the International Academy of Law and Mental Health, Prague, July 2017.
- 2017 “Responding to the Needs of Persons With Dementia: Developing a Canadian Guardianship Tribunal Model”, Conference of the International Academy of Law and Mental Health, Prague, July 2017. 2017 Conference Convenor, The Canadian Law of Obligations: Innovations, Innovators, and the Next 20 Years, Vancouver, British Columbia, May 2017.
- 2017 “Systemic wrongdoing and the liability of public authorities in tort law: two case studies,” The Canadian Law of Obligations: Innovations, Innovators, and the Next 20 Years, Vancouver, British Columbia, May 2017
- 2016 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”
- 2016 Canadian Law and Society Conference, Calgary, Alberta, May 28-30, 2016 “Dementia, Advance Directives, "Heroic Measures" and Physician Assisted Death: Autonomy, Identity, Person-hood and Equality”
- 2015 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”
- 2015 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”
- 2015 Law and Society Association Annual Conference, June 27-29, 2015, Seattle, Wash., “Dementia Autonomy and Guardianship for the Old”
- 2015 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”
- 2014 Law and Society Association, May 29-31, 2014, Minneapolis, Minn., “After decision making: vulnerability and the obligation of public support”
- 2014 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”
- 2013 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”
- 2013 Law on the Edge (Canadian Law and Society Association/Law and Society Association of Australia and New Zealand ), July 1-4, 2013, Vancouver, BC, “Doing qualitative research in law: the mental capacity project”
- 2013 Law and Society Association, Annual Conference, May 30-June 2, 2013, Boston, Mass., “Old age (or, do we need a critical theory of law and ageing?)”
- 2012 (International) Law and Society Association Annual Conference, June 5-8, 2012, Honolulu, Hawaii, “Mental Capacity in the (Civil) Law: Capacity, Autonomy and Vulnerability”
- 2010 Gerontological Society of America Annual Conference, November 19-24, 2010, New Orleans, Louisiana, “Beyond Cognition: Toward a relational understanding of decision-making capacity”
- 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)
- 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”
- 2007 Canadian Centre for Elder Law Studies, Vancouver, British Columbia, November 8-10, 2007,“Abusive Institutionalisation: Systemic Negligence in Institutional Settings for Older Adults.”
- 2007 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.”
- 2007 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).
- 2007 Canadian Law and Society Association, May 25-27, 2007, Saskatoon, Saskatchewan “Normalised Harms: Systemic Negligence and Limitations.”
- 2006 Canadian Conference on Elder Law, October 13-14, 2006,Vancouver, B.C., “Constructing Vulnerability: Deconstructing Legal Frameworks”
- 2005 Canadian Conference on Elder Law, October 29-30, 2005,Vancouver, B.C., “Financial exploitation of older adults: a framework for law reform”
- 2005 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.”
- 2005 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).
- 2004 Conference of the Canadian Association on Gerontology, October 2004, Victoria, B.C. “Law and Aging: An Agenda for Interdisciplinary Research.”
- 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.”
- 2000 Canadian Law & Society Association Conference, June 2000, Banff, Alberta “Implications of the Fiduciary Relationship Between Parent and Child.”
- 1997 critical legal conference 97, September 1997, University College, Dublin, Ireland “A Ministry for Children: Abandoning the Interventionist Debate in Canada.”
- Advanced Torts
- Wills and Estates