Elder Abuse Lawyers

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Elder Abuse & Neglect Lawyer In Toronto

It is every family’s worst nightmare to learn that their loved one has been the victim of elder abuse and/or neglect. In most cases, there is a personal relationship between the abuser and the victim. This can occur almost anywhere; at home, in hospital, at an office, in a long-term care facility, or even online.

In this context, the term “elder” refers to all older adults and is not restricted to individuals who are of a certain age.  Any person may be the victim of elder abuse or neglect if the abuse relates to the victim’s age and a need for assistance and support.

Elder abuse

Elder abuse can be intentional or unintentional and includes actions that cause physical, mental, financial or sexual harm to an older adult.  It can also include neglect, such as when a person or organization fails to provide services or necessary care for an older adult.  Elder abuse and neglect can be the result of one isolated incident or it may consist of a pattern of mistreatment.

In Ontario, the Long-Term Care Homes Act, 2007 provides a Residents’ Bill of Rights and defines five types of abuse that may apply to a person living in a long-term care facility, as follows:

“Emotional abuse” means:

(a) Any threatening, insulting, intimidating or humiliating gestures, actions, behaviour or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or

(b) Any threatening or intimidating gestures, actions, behaviour or remarks by a resident that causes alarm or fear to another resident where the resident performing the gestures, actions, behaviour or remarks understands and appreciates their consequences;

“Financial abuse” means:

Any misappropriation or misuse of a resident’s money or property;

“Physical abuse” means,

(a) The use of physical force by anyone other than a resident that causes physical injury or pain,

(b) Administering or withholding a drug for an inappropriate purpose, or

(c) The use of physical force by a resident that causes physical injury to another resident;

“Sexual abuse” means,

(a) Any consensual or non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or

(b) Any non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member;

“Verbal abuse” means:

(a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature which diminishes a resident’s sense of well-being, dignity or self-worth, that is made by anyone other than a resident, or

(b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety where the resident making the communication understands and appreciates its consequences.

Physical Abuse

It should be noted that physical abuse does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in the circumstances.  Similarly, sexual abuse does not include touching that is appropriate to the provision of care or assisting the resident with activities of daily living.

In extreme cases, elder abuse and neglect are considered criminal acts.  If you are unsure, you should speak to a lawyer to determine whether police involvement is appropriate.

In some instances, the victim may not be able to speak out on their own due to a medical condition.  Therefore, it is important that the appropriate documentation is collected if you suspect that your loved one has been the victim of elder abuse or neglect.  This includes taking photographs of any physical injury, obtaining contact information of potential witnesses and preserving written documents, if any.

We can help

At Grillo Barristers, we have over 30 years of experience litigating claims for victims of elder abuse and neglect. We can help you better understand the law and assist you in recovering the compensation that you deserve. If you or a loved one has been a victim of abuse, call Grillo Barristers at 416 – 614 – 6000 for a FREE consultation.

Remember, you will not pay any fees until your case is won or settled.

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Call Grillo Barristers for a FREE consultation.

Remember, you will not pay any fee until your case is won or settled.

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14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
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21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
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23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
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Patrick k
19:13 07 Dec 17
Where do I begin?? I am not usually one to leave reviews on services but this one is definitely an exception. From start to finish, I felt incredibly comfortable having my claim in Grillo's hands. I felt as though the team was in complete control and I could just sit back and receive updates when necessary. With the utmost confident I can say that Grillo Barristers is the best personal injury law firm in Toronto. The process was quick, cheap and stress free. I must especially thank Lauren Sivitilli. Having very limited knowledge of lawsuits, Lauren was able to perfectly break the processes down for me and educate me on my claim. She was quick to answer emails addressing any concerns and always kept me up to date. I will definitely be recommending Grillo Barristers services to my family, friends and coworkers. Amazing!
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