Retirement Home and Care Home Lawyers

Cohen Highley LLP provides legal services exclusively to retirement home and care home operators, managers, and licensees across Ontario, advising on licensing, leasing, and regulatory compliance under the Retirement Homes Act, the Residential Tenancies Act, and the oversight of the Retirement Homes Regulatory Authority (RHRA). Our Lawyers and Licensed Paralegals appear before the RHRA, the Licence Appeal Tribunal, the Landlord and Tenant Board, and the Superior Court on matters ranging from compliance proceedings to human rights complaints under the Human Rights Code and accessibility obligations under the Accessibility for Ontarians with Disabilities Act (AODA). We also advise on the purchase, sale, financing, and zoning of retirement and care home properties. Our Multi-Residential Housing team combines real estate, regulatory, and residential lease experience to help operators manage risk at every stage of a home’s lifecycle.

Retirement and Care Home Legal Services We Offer

Cohen Highley LLP advises retirement and care home operators, managers, and licensees on the following matters:

  • Licensing and regulatory compliance under the Retirement Homes Act, including compliance proceedings before the RHRA and the Licence Appeal Tribunal.
  • Lease preparation and enforcement, and representation before the Landlord and Tenant Board on rights and remedies arising under the Residential Tenancies Act.
  • Purchase, sale, and financing of retirement and care home properties, including due diligence and long-term leasing for an acquisition or disposition.
  • Zoning approval, lease development, and Tarion registration issues that arise when a retirement community is being built or expanded.
  • Obligations under the Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA).
  • Representation before regulatory tribunals, the Superior Court, and related appellate courts when a matter cannot be resolved through negotiation.

Our Approach to Retirement and Care Home Legal Disputes

We work with operators and managers through each stage of a legal or regulatory matter, beginning with an initial consultation and risk assessment that reviews the operator’s licensing status, leases, and compliance history to identify exposure. From there, we prepare the documentation and regulatory filings a matter requires, and engage in negotiation and dispute resolution with the RHRA, tenants, or other parties to resolve issues before they escalate to a hearing or claim. Where a matter cannot be resolved by negotiation, we represent the operator before the Landlord and Tenant Board, the Superior Court, or on appeal.

 

Why Choose Cohen Highley LLP

Cohen Highley LLP acts exclusively for retirement and care home operators, not residents or tenants, which allows our advice to be given without a conflicting client relationship. Our Multi-Residential Housing team brings together real estate, regulatory compliance, landlord-tenant, and human rights experience under one roof, so an operator facing a licensing issue, a lease dispute, and an accessibility complaint on the same file can work with a single, coordinated team rather than separate firms. We have experience appearing before the Landlord and Tenant Board, the Superior Court, and related appellate courts. If you need help with a legal matter, please reach out to our team today.

Frequently Asked Questions

Does Cohen Highley LLP represent residents or their families in disputes with a retirement or care home?

No. Cohen Highley LLP acts exclusively for retirement and care home operators, managers, and licensees. Residents and families seeking advocacy on a care or negligence concern should consult a lawyer who represents residents.

What is the difference between the Retirement Homes Act and the Residential Tenancies Act for an operator?

The Retirement Homes Act governs licensing and care-related obligations specific to retirement homes and is overseen by the RHRA. The Residential Tenancies Act governs the landlord-tenant relationship, including leases, notices, and proceedings before the Landlord and Tenant Board. Many operators are subject to both, depending on the matter.

What accessibility and human rights obligations apply to retirement and care home operators?

Operators have obligations under the Accessibility for Ontarians with Disabilities Act (AODA) and the Human Rights Code. Cohen Highley LLP advises operators on meeting these obligations and on responding to related complaints.

What should an operator do if it receives a human rights complaint from a resident or employee?

Operators should respond to a Human Rights Code complaint promptly and document the steps taken to address the underlying concern. Legal advice early in the process can help the operator understand its obligations and potential exposure.

Can Cohen Highley LLP help with the purchase, sale, or development of a retirement or care home property?

Yes. We advise on due diligence, financing, and long-term leasing for the purchase or sale of retirement and care home properties, and on zoning approval, lease development, and Tarion registration for new developments.

Our legal team is accessible, innovative, and professional.

We hold ourselves accountable for the quality of our work on every file and for every client. We are committed to meeting the needs of our clients, while acting fairly, firmly and with integrity. We will innovate and adapt to enable us to achieve practical and effective legal solutions.

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