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: Michelle Wen Xiao Kang


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

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