Articles 2019


Challenges and Strategies in Litigating Elder Financial Abuse Cases

  • July 08, 2024
  • Sarah Smith, Elm Law Professional Corporation

As the Canadian population continues to age, elder financial abuse remains a growing concern. Financial elder abuse cases may seem clear cut, but they can present numerous challenges that make the road to resolution difficult for litigators. This article summarizes the key challenges that present themselves when lawyers take on elder financial abuse cases and highlights the strategies that they can employ to combat these challenges, even before the case begins.

Elder Law, Student Forum

Red-flags in Client Interviews – Identifying Elder Abuse

  • May 02, 2024
  • Kavina Nagrani, CS*, JD, TEP & Alison Costa, student-at-law, NIKA LAW LLP

This article sheds light on the reality of elder abuse in our society today and its unfortunate increase in prevalence as our population ages. Seven different types of elder abuse are identified as well as the harmful behaviours commonly associated with each. The aim of the article is to highlight red-flags that legal practitioners should be on the look out for when meeting with elderly clients and to provide practise tips for identifying and addressing signs of elder abuse.

Elder Law, Student Forum

Legal Decision-Making: Navigating Capacity and Consent Laws for Seniors

  • May 02, 2024
  • Kimberly Gale and Jessica Campolucci

This article explains how capacity and consent laws guide the appointment of decision-makers and consent protocols for legal and medical matters. Kim Gale and Jessica Campolucci stress the importance of assessing seniors' capacity on a case-by-case and the role of attorneys and guardians in safeguarding their interests. The article aims to empower legal practitioners with the knowledge to uphold seniors' autonomy and dignity in decision-making.

Elder Law, Student Forum

Empowering Elderly Individuals: Navigating Ethical Waters in Informed Consent and Capacity Assessments

  • May 02, 2024
  • Juliette-Maria Simard-Emond, articling student at Merovitz Potechin LLP

This article explores the ethical issues in getting consent and assessing capacity for elderly individuals with cognitive impairments. As the global population gets older, it is crucial, now more than ever, to protect their independence in legal decisions-making. Lawyers can employ strategies such as effective communication, advocating for advance directives, facilitating choice processes, and upholding ethical principles.

Elder Law, Student Forum

Protecting our Seniors: The Alarming Rise of Elder Financial Abuse and legal recourse available

  • January 03, 2024
  • Kimberly Gale and Palak Mahajan, Gale Law Professional Corporation

The authors explore the rising issue of elder financial abuse in Ontario, affecting 4-10% of seniors. The article identifies ten signs of financial exploitation, stresses the role of lawyers in prevention, and discusses legal recourses such as criminal charges and protective services. Emphasizing the urgency of addressing this problem, the authors advocate for a multi-faceted approach, including updated legal documents and awareness initiatives to protect seniors' financial well-being.

Elder Law, Student Forum

Empowering Endings: Insights from OBA’S “Comprehensive End-of-Life Planning” Program

  • December 05, 2023
  • Yalda Mousavi, articling student, WeirFoulds LLP

On October 19, 2023, experts gathered on the OBA’s panel and provided meaningful insights on comprehensive end-of-life planning. Beyond wills, the panel emphasized the importance of key documents, such as powers of attorney and advance care directives, to ensure that end-of-life wishes are well understood, documented, and followed. The audience was also reminded of the significance of family involvement, transparent communication, and early initiation of uncomfortable discussions.

Elder Law, Student Forum, Trusts and Estates Law

Enhancing Access to Justice for Seniors: A Student Perspective

  • November 30, 2023
  • Logan Dillon, caseworker with the Queen’s Elder Law Clinic

This article details the Queen’s Elder Law Clinic's (QELC) initiatives to improve access to justice for seniors in South Eastern Ontario. Run by Queen’s law students, the QELC provides free legal services, specializing in drafting wills and powers of attorney. Offering pro-bono estates and elder law services to local seniors facing financial constraints and diminished capacity challenges, it emphasizes a client-centric approach and provides invaluable client-facing work experience for students.

Elder Law, Student Forum
head-shot photo of author Jakob Wenzel

Insights from the Trauma-Informed Lawyering Panel

  • November 13, 2023
  • Jakob Wenzel

Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.

Elder Law, Family Law, Student Forum

2023 OBA Elder Law Day – March 28, 2023

  • July 07, 2023
  • Kimberly Gale, Jonathan Nimpar and Palak Mahajan

The OBA Elder Law Section held its 2023 Elder Law Day on March 28, 2023. Concerns on issues of how the elderly are impacted by capacity issues, when and in what instances should litigation guardians be used, and how lawyers should assist clients with their care needs were the fulcrum of the three panels that had key experts in the industry. The Honourable Justice Gillese who was the keynote speaker.

Elder Law, Student Forum

Does Your Estate Have a Family Law Equalization Claim After Death? Bradford Estate v. Kingdon, 2022 ONSC 6204

  • June 16, 2023
  • Amelia Yiu, Elm Law Professional Corporation

The recent case of Bradford Estate v. Kingdon, 2022 ON SC 6204 should be of great interest to elder law practitioners as it interprets the Family Law Act in such a way that could create a great inequity for clients in very specific circumstances. Specifically, this case impacts clients who are going through what the media would term “grey divorce”, meaning they are separating from their spouse as an older adult.

Elder Law, Student Forum