Resources, Articles, & Advocacy
Article | October 13, 2026
Capacity, Undue Influence and the Least Restrictive Alternative: Melcher v. Melcher
This article examines Melcher v. Melcher, which considered the capacity of an 82-year-old woman with dementia and her competing estate documents. While the Court set aside documents made under her spouse's undue influence, it appointed her children as guardians and litigation guardians, despite finding she could still grant a Power of Attorney for personal care. The article argues these orders reflect "broader intervention than the statutory findings require," at the expense of her autonomy.
Article | October 12, 2026
Tips and Best Practices for Financial Institutions in Suspected Elder Financial Abuse Cases
When a senior's savings start vanishing, financial institutions are often in a position to intervene. But how far can they go? This article looks at the balance financial institutions have to strike between following client instructions, respecting privacy law, and protecting vulnerable seniors. Drawing on key Canadian cases on joint accounts and powers of attorney, it offers practical steps to spot red flags, document intent and verify authority, and explains when to report concerns to Ontario's Public Guardian and Trustee.
Article | October 07, 2026
The Income Floor Held, The Housing Floor Didn't — Housing Affordability for Seniors in Ontario
Federal income supports have kept poverty among Canadian seniors low, but Ontario's housing rules have not offered the same protection. Senior renters face the greatest risk, since newer units can see uncapped rent increases, vacant units can be re-rented at any price, and retirement home service charges fall outside rent guidelines. Homeowners, meanwhile, are often rich in equity but short on cash. The article calls for targeted rent reforms and early capacity planning with lawyers.
Article | October 06, 2026
Predatory Marriage After Bill 245: Did Ontario’s 2022 Reforms Solve the Problem?
This article examines whether Ontario's 2022 Bill 245 reforms, which ended the rule that marriage automatically revokes a will, solved the problem of predatory marriages. It explains why the reform was needed, its limits for marriages before 2022, and why risks remain: capacity to marry is still a low threshold, and exploitation can happen outside the will. However, it also cautions against labelling every late-life marriage predatory, stressing the need to balance protection with autonomy.
Legislative Update | October 02, 2026
Your OBA LegUp Policy and Legislative Update Week of September 28
Ontario Judicial Appointments: The Honourable Sean Fraser, announced eight judicial appointments to the Court of Appeal of Ontario and Superior Court of Justice of Ontario. The appointments were done under the judicial application process established in 2016, emphasizing transparency, merit, and the diversity of the Canadian population.
Legislative Update | September 25, 2026
Your OBA LegUp Policy and Legislative Update Week of September 21
Starlink Costs: Ontario’s new Treasury Board President, Kinga Surma, declined to disclose how much the Ford government spent cancelling its $100 million agreement with Elon Musk’s Starlink internet service. When asked, Surma said, “the decision remained with the taxpayer, that was a big component of our election and the people voted to cancel the contract,” explaining that the government will “continue to move forward with [their] broadband strategy.”
Legislative Update | September 18, 2026
Your OBA LegUp Policy and Legislative Update Week of September 14
New Judicial Vacancies: There are currently several active priority vacancies in the Ontario Court of Justice, including Cornwall, Eliot Lake, Pembroke, Thunder Bay and Timmins. Candidates who wish to be considered for a judicial appointment are encouraged to submit an application as soon as possible.
Legislative Update | August 10, 2026
Your OBA LegUp Policy and Legislative Update Week of August 3
Provincial By-Elections: Premier Ford has called byelections in three Ontario ridings: Scarborough Southwest, York–Simcoe and Hamilton East–Stoney Creek. The voting day will be on Sept. 3.
