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- cba.org
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Mar 13, 2019
The case of Irene Bellefeuille: Terminating a power of attorney
The recent Ontario Superior Court of Justice decision in Bellefeuille v Bellefeuille, 2018 ONSC 6802, provides useful guidance as to the circumstances in which a court may terminate an individual’s power of attorney and is an important reminder that simply substituting one’s own decision-making analysis over another’s finances is not what the law expects of an attorney for property. It is much more.
- cba.org
- Article
Jan 28, 2019
Moore v Sweet: An analysis of unjust enrichment
The Supreme Court of Canada rendered the Moore v Sweet decision on November 23, 2018.1 The Hon. Madam Justice Côté delivered the judgement, with Wagner C.J., Abella, Moldaver, Karakatsanis, Brown, and Martin JJ. concurring.
- cba.org
- Article
Feb 29, 2016
Sexual expression in long-term care homes: Consent and capacity
The Windsor Review of Legal and Social Issues published an article in 2014 titled Sexual Expression In Long-Term Care Homes: Consent & Capacity which provides elder law practitioners with some insight into the issue of sexual expression in long-term care homes.
- cba.org
- Article
Jan 22, 2016
Senior abuse: What can Ontario learn from other provinces?
Seniors – defined as those aged 65 and over – currently make up approximately 15 per cent of the population; it is projected that by 2036 that percentage will have increased to approximately one quarter of the population. As the number of seniors in Canada continues to rise, so too do concerns about abuse of older adults, whether that abuse be physical, psychological, or financial.
- cba.org
- Article
Nov 16, 2015
How to advise elderly trustees
John Hollander, a litigator with McBride Bond Christian LLP, looks at the issues elderly trustees face when undertaking substantial trust responsibilities; specifically examining how lawyers should advise such clients and how lawyers should advise beneficiaries when the elderly trustee appears not to be discharging the duties of the office.
- cba.org
- Article
Sep 14, 2015
Consent to release of personal health information
Lawyers working with older adults may be asked to advise clients on the protocol for consenting to a physician’s disclosure of information. Genevieve Giroday of Giroday Law looks at the rules surrounding the release of personal health information.
- cba.org
- Article
Aug 18, 2015
Attacking and defending inter vivos gifts
In a paper presented to the 17th annual STEP National Conference in Toronto in June, Kimberley Whaley reviews the conditions required to create a valid gift, grounds for attacking or setting aside inter vivos gifts or wealth transfers, and recent relevant case law.
- cba.org
- Article
Jul 1, 2015
Language discrimination against older adults
Bed-blocker and silver tsunami are more than words talking about people who can’t leave hospital for reasons other than acute care needs, or the catastrophic effect retiring baby boomers will have on the economy – they’re emblematic of a societal lack of respect and regard for the elderly. Words hurt people and they have a carry-through effect on the treatment those people receive.
- cba.org
- Article
May 16, 2015
Ontario’s Divisional Court highlights indicators of undue influence
When is undue influence being exerted on a person drafting a will? It can be hard to tell whether the drafter had “testamentary capacity” at the time. Kimberly Whaley looks at a case in point, and notes red flags to watch out for.
- cba.org
- Article
May 16, 2015
The Supreme Court of Canada and physician-assisted dying
Pierre Deschamps, C.M., Ad.E., offers up his interpretation of the “historic” Supreme Court decision in Carter v. Canada (Attorney General) .
