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CURRICULUM VITAE
Margaret Isabel Hall, BA (Hons), LLB., LLM., PhD Cand.
2756 W. 19th Ave..
Vancouver, B.C.
V6L 1E3
telephone:
604 518 3136
email:
[email protected]
EDUCATION
PhD. Candidate, Interdisciplinary Studies Graduate Program (Law and Medicine, home
discipline Law), University of British Columbia (current)
B.A., Hons. (History) University of British Columbia, 1988.
L.L.B., Queen’s University at Kingston, Ontario, 1991.
L.L.M., University of British Columbia, 1998.
Professional Membership and Affiliations
Global Affiliated Faculty Member, Vulnerability and the Human Condition Initiative, Emory
University,
Research Associate, Centre for Research on Personhood in Dementia, University of British
Columbia
Member, Law Society of British Columbia
Member, Canadian Bar Association
EMPLOYMENT
Current:
Law
Assistant Professor (tenure track), Thompson Rivers University, Faculty of
2006-2008
Assistant Professor (without review), Faculty of Law, University of British Columbia
2004- 2006
Lecturer, Faculty of Law, University of British Columbia
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2005 (summer program)
Instructor (Real Property), Native Law Centre, University of Saskatchewan
Teaching:
Real Property
2003- 2004
Director, Canadian Centre for Elder Law Studies (British Columbia Law Institute)
2000 – 2003
Staff Lawyer, British Columbia Law Institute
1999 – 2000
Assistant Professor (term), Faculty of Law, Common Law, University of Ottawa.
2000 (summer program)
Instructor (Real Property), Native Law Centre, University of Saskatchewan
Teaching:
Real Property
Consulting
2011-present
Consultant, Alzheimer Society of British Columbia
Legal Planning and the Dementia Journey (Cam and Sally’s Story)
Growing Old Alone: Freda’s Story
2009
Consultant, Law Commission of Ontario
The Law as it Affects Older Adults
2008- 2009
Consultant, British Columbia Ombudsman’s Office
Systemic Investigation into Seniors’ Care in British Columbia
2007-2008
Consultant, Canada Mortgage and Housing Corporation, External Research Program
Regulating Supportive Housing for Seniors: A Comprehensive Statute Model
2008
Consultant, Justice Canada
“Constructing Elder Abuse - The Canadian Legal Framework”
2006
Consultant, Scow Institute
“Elderlaw: relationship and relevance to the needs of Aboriginal elders.”
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2002-2004
Consultant, Canada Mortgage and Housing Corporation, External Research Program
“A Legal Framework for Supportive Housing for Seniors: Options for Canadian Policy Makers.”
PUBLICATIONS
Book
2010 co-author, Gregory S. Pun, Nuisance Law in Canada (Lexis Nexis Butterworths)
Chapters
(in press, publication date summer 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).
2009 “Capacity, Vulnerability, Risk and Consent: Personhood in the Law” in D. O’Connor, ed.
Dementia, personhood and decision making: examining the interface (Jessica Kingsley Press)
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).
2005 “Equity and The Older Adult: Undue Influence and Unconscionability” in A. Soden, ed.
Advising the Older Client (Toronto: Lexis Nexus Butterworths, 2005).
“Assisted Living” (with Charmaine Spencer) in A. Soden, ed., Advising the Older Client
Toronto: (Lexis Nexus Butterworths, 2005).
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).
Articles
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.
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2009 “Material Exploitation and the Autonomy Ideal: The Role of Equity Theory in Adult
Protection Legislation” (2008) 5 Elder Law Review (Australia) Article 9.
(co-author) “Assessing Capacity Within a Context of Abuse or Neglect” (2009) 21 Journal of
Elder Abuse & Neglect 56.
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.
“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.
“The Bonnie Mooney Case” in "Cases and Commentaries: A UBC Forum” (2005) 16 Canadian
Journal of Women and the Law volume 16, issue 2.
2003 “Duty to Protect, Duty to Control, and the Duty to Warn” (2003) 82(3) Canadian Bar
Review 645.
“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.
“Child neglect and the right to protection: Z and Others v. United Kingdom” (2002) 24(4)
Journal of Social Welfare and Family Law 448.
“Care Agreements: Property in Exchange for the Promise of Care for Life, The British Columbia
Law Institute Study” (2002) 81 Reform (Australia) 29.
“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.
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“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.
“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.
LLM Thesis
(1998) The Child at the Centre: Rethinking Child Protection, LLM. Thesis, University of British
Columbia.
Reports
2009 Developing an Anti-Ageist Approach Within Law, Law Commission of Ontario.
2008 Constructing Elder Abuse - The Canadian Legal Framework, Department of Justice,
Canada
2005 A Legal Framework for Supportive Housing for Seniors: Options for Canadian Policy
Makers, Canada Mortgage and Housing Corporation (External Research Program)
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.
(2004) Report on Appointing a Guardian and Standby Guardianship British Columbia Law
Institute, Report No. 30.
2002 Private Care Agreements Between Older Adults and Friends or Family Members British
Columbia Law Institute, Report No. 18.
INVITED LECTURES AND PRESENTATIONS (selected)
2013 Faculty, Torts 2013 “Missing Women Commission of Inquiry: Potential Issues in Tort
Law”, Canadian Bar Association (Continuing Legal Education), May 13, 2013, Vancouver, BC
2012 Faculty, Dispute Resolution Conference 2012: The Growing Demand for Solutions,
Canadian Bar Association (Continuing Legal Education), “Elder Mediation: Capacity, Dementia
and Contextual Factors,” June 14, 2012 Vancouver, B.C.
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2011 Faculty, Alternative Dispute Resolution Institute of Canada (Annual Conference),
“Subjects for Mediation: The Private Care Agreement,” October 11, 2011, Vancouver B.C.
2009 Faculty, Law Lecture Series, University of British Columbia Okanogan, “Capacity and
Consent,” February 3-5, 2009 Kelowna, BC.
2008 Faculty, Exploring Ethical Issues of Dementia: From Diagnosis to End of Life, Centre for
Research on Personhood in Dementia/ National Core for Neuroethics/ UBC Brain Research
Centre/ UBC Faculty of Medicine (Continuing Medical Education), November 28, 2008
Vancouver, BC.
2008 Faculty, Causation in Tort After Resurfice, Canadian Bar Association (Continuing Legal
Education), “Causation in Tort After Resurfice: Third Party Perpetrators and the Failure to
Reduce Risk” June 26, 2008 Vancouver BC.
2007 Senate Committee on Aging, December 10, 2007, Ottawa “Supportive Housing for Older
Adults: Options for Canadian Policy Makers”
2007 Population, Work and Family Policy Research Collaboration Symposium (Government of
Canada Policy Research Initiative) December 13, 2007 Ottawa “Equity Matters: Doing Fairness
in the Context of Family Caregiving”
2007 Joint Meeting of the American Bar Association Sections of Real Property, Probate and Tax
Law, September 28, 2007 Vancouver, BC “Power of Attorney Hot Topics- American and
Canadian Perspectives.”
2002 Faculty, Estate Planning: Ten Timely Topics, Canadian Bar Association (Continuing Legal
Education), “Housing and Care Agreements for Seniors: Private Care Agreements Between
Older Adults and Friends or Family Members,” June 10 2002, Vancouver, BC..
2001 Crossing Borders: 2001 Symposium on Elder Law (National Association of Elder Law
Attorneys), April 18-21 2001, Vancouver, B.C. “Family Law.”
Crossing Borders: 2001 Symposium on Elder Law (National Association of Elder Law
Attorneys), April 18-21 2001, Vancouver, B.C. “Independent Life Care Agreements.”
WORKSHOPS, INVITED PARTICIPANT
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”)
2012 Vulnerabilities and Identities: An Uncomfortable Conversation (A Vulnerability and
Human Condition Initiative & Feminism and Legal Theory Project Workshop), September 14-15,
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2012, Emory University, Atlanta, Georgia (paper presented, “Old age” (or, do we need a
critical theory of law and ageing?)”)
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”)
2008 HRSDC Roundtable on Elder Abuse in Canada, June 2008, Government of Canada,
Ottawa.
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
“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.
2005 Facilitator, Conference of the National Institute of Justice, November, 2005, Vancouver,
British Columbia, “Elder law.”
2004 National Housing Research Committee, May 3, 2004, Montreal, Quebec, “The Legal
Regulation of Supportive Housing for Seniors: Options and Recommendations.”
2002 Justice Between the Generations (Workshop/Study Panel), Law Commission of Canada,
October 28 2002, Ottawa, Ontario.
CONFERENCES/PAPERS
(Forthcoming, 2015) 34th International Congress of Law and Mental Health, Vienna, “Mental
Health Law, Positive Rights, and the Social Response to Dementia: A Systems Approach”
(accepted)
2014 Pacific Rim International Conference on Disability and Diversity, May 17-20, 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)
Law and Society Association, May 29-31, Minneapolis, Minn., “After decision making:
vulnerability and the obligation of public support”
Obligations VII (University of Melbourne and University of Hong Kong Faculties of Law), July
15- July 18, Hong Kong, “Public Authority Liability in Negligence and Misfeasance in Public
Office: Navigating the Gap”
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2013 International Conference on Elder Law (University of Hawaii), November 11-13,
Honolulu, Hawaii, “Immigration and the ‘lone’ old: building narratives, enabling response” and
“Elder law in Canada” unpacking the construct”
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”
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?)”
2012 (International) Law and Society Association Annual Conference, June 5-8, 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 multidisciplinary evaluation of approaches in law and equity”
Canadian Centre for Elder Law Studies, Vancouver, British Columbia, November 8-10,
2007,“Abusive Institutionalisation: Systemic Negligence in Institutional Settings for Older
Adults.”
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.”
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).
Canadian Law and Society Association, May 25-27, 2007, Saskatoon, Saskatchewan
“Normalised Harms: Systemic Negligence and Limitations.”
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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”
Canadian Conference on Elder Law, October 29-30, 2005, Vancouver, B.C., “Accommodation
and Caregiving (the Care Agreement)
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.”
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).
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”
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.”
1996 Canadian Law & Society Association Conference, June 1996, Brock University, St.
Catherine’s, Ontario “Situating Gove.”
GRANTS/AWARDS
2014 Internal Research Fund (TRU) “Situating Dementia in the Mental Health Discourse”
(ongoing)
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2013 Notaries Society of British Columbia (with the Alzheimer Society of British
Columbia) “Growing Old Alone”(ongoing)
2012 Law Foundation of British Columbia (with the Alzheimers Society of British Columbia)
“Legal Planning and the Dementia Journey, Public Education Project” (completion, October 1,
2012) (completed)
2010 Law Foundation of British Columbia, “Elder Abuse and the Public Response to NonCriminal Domestic Violence” (completed)
2006 SSHRC Research Development Initiative (co-applicant), “Abuse, capacity and the material
exploitation of vulnerable older adults: Initiative to develop a multidisciplinary evaluation of
approaches in law and equity.” (completed)
2005 Law Foundation of British Columbia, “Financial exploitation of older adults: a framework
for law reform.” (completed)
The Foundation for Legal Research, “Duty, Causation and Third Party Perpetrators: Institutional
Negligence.” (completed)
2002 The Foundation for Legal Research (Canadian Bar Association), “Equity and The Older
Adult: Undue Influence and Unconscionability.” (completed)
(with the British Columbia Law Institute), Law Commission of Canada, “Financial
Arrangements Between Adults and Family Members.” (completed)
(with the British Columbia Law Institute), Law Foundation of British Columbia, “Financial
Arrangements Between Adults and Family Members.” (completed)
Academic Awards
Four Year Fellowship (PhD), University of British Columbia 2009-2013
Law Foundation of British Columbia Graduate Fellowship (PhD), 2009
Law Foundation Graduate Fellowship (LLM), 1995; 1997
University of British Columbia Scholarship, 1987
Government of British Columbia Scholarship, 1987
Jessie Evelyn Drew Clark Memorial Scholarship, 1987
JH Stewart Reid Scholarship (History Honours Graduation Gold Medal), 1987
William and Ada Isabelle Steele Scholarship, 1986
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British Columbia Government Scholarship, 1986