Articles 2023


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

Re Sandhu and the Role of Capacity Assessments in Court

  • May 19, 2023
  • Nick Esterbauer, Hull & Hull LLP

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.

Elder Law, Student Forum

Bill C-7: Expanded Consent and Capacity Issues

  • February 07, 2023
  • Marie Kazmer, articling student, Hull & Hull LLP

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.

Elder Law, Student Forum
Melissa Miller receives OBA Elder Law Award

2022 OBA Award for Excellence in Elder Law

  • November 07, 2022
  • Amy MacAlpine, partner, Wills & Estates, Hummingbird Lawyers LLP

The 2022 OBA Award for Excellence in Elder Law was recently presented to Melissa Miller of Howie, Sacks & Henry LLP.

Elder Law, Student Forum

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