Long Term Care Homes (Trespass to Property)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2295
Page Categories:	Trespass to Property
Citation:	Long Term Care Homes (Trespass to Property), CLNP 2295, <>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/10/26

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Trespass to Property Act, R.S.O. 1990, c. T.21

1 (1) In this Act,

“occupier” includes,

(a) a person who is in physical possession of premises, or

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, even if there is more than one occupier of the same premises; (“occupant”)

2 (1) Every person who is not acting under a right or authority conferred by law and who,

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9 (1).

(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. R.S.O. 1990, c. T.21, s. 9 (2).

(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail. R.S.O. 1990, c. T.21, s. 9 (3).

Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1

3 (1) Every licensee of a long-term care home shall ensure that the following rights of residents are fully respected and promoted:

...

6. Every resident has the right to communicate in confidence, receive visitors of their choice and consult in private with any person without interference.

7. Every resident has the right to form friendships and relationships and to participate in the life of the long-term care home.

8. Every resident has the right to share a room with another resident according to their mutual wishes, if appropriate accommodation is available.

9. Every resident has the right to meet privately with their spouse or another person in a room that assures privacy.

...

21. Every resident has the right to have any friend, family member, caregiver or other person of importance to the resident attend any meeting with the licensee or the staff of the home.

Substitute Decisions Act, 1992, S.O. 1992, c. 30

66 (1) The powers and duties of a guardian of the person shall be exercised and performed diligently and in good faith. 1992, c. 30, s. 66 (1).

...

(3) The guardian shall make decisions on the incapable person’s behalf to which the Health Care Consent Act, 1996 does not apply in accordance with the following principles:

1. If the guardian knows of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, the guardian shall make the decision in accordance with the wish or instruction.

2. The guardian shall use reasonable diligence in ascertaining whether there are such wishes or instructions.

3. A later wish or instruction expressed while capable prevails over an earlier wish or instruction.

4. If the guardian does not know of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, or if it is impossible to make the decision in accordance with the wish or instruction, the guardian shall make the decision in the incapable person’s best interests. 1992, c. 30, s. 66 (3); 1996, c. 2, s. 43 (2).

...

(4.1) The guardian shall, in accordance with the regulations, keep records of decisions made by the guardian on the incapable person’s behalf. 1996, c. 2, s. 43 (3).

(5) The guardian shall encourage the person to participate, to the best of his or her abilities, in the guardian’s decisions on his or her behalf. 1992, c. 30, s. 66 (5).

(6) The guardian shall seek to foster regular personal contact between the incapable person and supportive family members and friends of the incapable person. 1992, c. 30, s. 66 (6).

(7) The guardian shall consult from time to time with,

(a) supportive family members and friends of the incapable person who are in regular personal contact with the incapable person; and

(b) the persons from whom the incapable person receives personal care. 1992, c. 30, s. 66 (7).