Articles 2023

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.

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.

This article reviews a recent BC Supreme Court case that revisited the principles to be considered when the court determines whether or not to order a capacity assessment in a guardianship proceeding; further, the article provides guidance for requesting and/or conducting effective capacity assessments.

Medical Assistance in Dying (MAID) is shifting. This article looks at upcoming amendments to the 2016 federal legislation. The author explains aspects of advance consent introduced in Bill C-7 which provides new perspective on who can and should be able to consent to MAID, as well as the timing and the level of consent required by those seeking medical assistance in dying.

Commentary on the Ontario Government's recent legislation allowing designated hospital staff to move patients to a long-term care facility without consent of the patient. In the authors' view, the legislation is problematic on several fronts.

A strategy for how elder parents can manage joint bank accounts from the perspective of a professional executor.

Not all income splitting is allowed in Canada, but one tax planning strategy to consider involves a prescribed rate loan as explained here.

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