Articles

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: Katherine Batycky and Graham Webb

Today
Today

Diminished Ability to Communicate? Or, Diminished Decisional Capacity?

  • October 25, 2018
  • Kimberly A. Whaley, Whaley Estate Litigation Partners

Mills v Radons, 2018 SKQB 237 (CanLII), a recent case from Saskatchewan, looks at whether a husband had the requisite decisional capacity to instruct his counsel in divorce proceedings and whether his intention was to seek a divorce and spousal support.

Elder Law, Student Forum

Elder Law and the Importance of Communication

  • July 20, 2018
  • Angela Yenssen

The recent OBA Elder Law Section CPD program, "Congregate Care: Legal Issues Facing Residents, Families & Substitute Decision-Makers,” conveyed how critical clear communication is to explaining and understanding the rights of hospital patients and residents of long-term care and retirement homes.

Elder Law, Student Forum

Sydney Lederman Sentenced to 90 Days Jail for Fraud

  • April 18, 2018
  • Ontario Securities Commission

Sydney Lederman plead guilty to securities fraud and was sentenced to jail on April 13, 2018, for selling a senior citizen securities in a defunct corporation for the price of $90,000 that he fraudulently claimed were worth $3 million but were, in fact, worthless.

Elder Law, Student Forum

‘Predator’ Spouse, take note of Hunt v. Worrod

  • April 08, 2018
  • Dagmara Wozniak Siskinds LLP

With respect to predatory marriages, too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod. Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predatory marriage in Ontario.

Family Law, Trusts and Estates Law, Elder Law

Litigation Guardianships in Family Law Proceedings

  • March 26, 2018
  • Graham Webb and Miera Srebrolow

This article originally appeared on The Lawyer's Daily website published by LexisNexis Canada Inc. A litigation guardian may be appointed for cognitively impaired older adults in family law proceedings. Conflicts of interest by a proposed litigation guardian should be avoided. Where significant property rights and assets are at stake, it may be useful to engage an experienced and disinterested family law lawyer as the litigation guardian for a financially incapable family law litigant.