About Articles The below articles are published by the Elder Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Jonathan Morse


Case Study: The original will is not available

  • June 10, 2022
  • Susannah B. Roth, O’Sullivan Estate Lawyers LLP,

Sometimes an executor has to administer an estate asset when the original Will is not available. Here's a tip.

Elder Law, Student Forum

Summary of the LCO's 56 Recommendations Regarding End-of-Life Care

  • January 21, 2022
  • Tyler Lin, de Vries Litigation LLP

In October 2021, The Law Commission of Ontario released the first part of its report on how professionals and organizations can better serve clients regarding end-of-life care. The list here summarizes the recommendations relevant to health and estate lawyers.

Elder Law, Student Forum

Trusted Contact Person Reforms in the Financial Sector

  • December 11, 2021
  • Harold Geller, MBC Law Professional Corporation,

The Trusted Contact Person reforms by Securities, Life Insurance and Banking regulators are designed to overcome privacy barriers which limited proactive steps by advisors and dealers to protect investors in specified circumstances. Although the progress is uneven, policies are moving in the right direction.

Elder Law, Student Forum

The Ontario HVAC Rental Scam

  • December 11, 2021

Further regulation is required to protect vulnerable homeowners from door-to-door sales practices. Some homeowners rent equipment and later discover a lien was registered against their property. The cost of removing that lien to "buy out" the contract is often a shock to those homeowners.

Elder Law, Student Forum

Predatory Marriage: A Case Law update

  • November 03, 2021
  • Amelia Yiu and Brittany Blainey, Elm Law Professional Corporation

Recent case law: predatory marriages and the test for capacity in Ontario. Does the current threshold for capacity to marry encourage predatory marriages?

Elder Law, Student Forum

Enlisting the Court's Gatekeeping Function: Threshold Motions in Will Challenges

  • October 26, 2021
  • Jenny Bogod and Christina Canestraro, lawyers at Rosen Sack LLP

Recent case law in Ontario illustrates how the Courts exercise their gatekeeping function to ensure litigants in Will challenges meet a minimum evidentiary threshold. These cases provide important guidance for counsel and parties preparing for similar threshold motions.

Elder Law, Student Forum