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


The Ontario HVAC Rental Scam

  • December 11, 2021

Further regulation is required to protect vulnerable homeowners from door-to-door sales practices. Some homeowners rent equipment and later discover a lien was registered against their property. The cost of removing that lien to "buy out" the contract is often a shock to those homeowners.

Elder Law, Student Forum

Predatory Marriage: A Case Law update

  • November 03, 2021
  • Amelia Yiu and Brittany Blainey, Elm Law Professional Corporation

Recent case law: predatory marriages and the test for capacity in Ontario. Does the current threshold for capacity to marry encourage predatory marriages?

Elder Law, Student Forum

Enlisting the Court's Gatekeeping Function: Threshold Motions in Will Challenges

  • October 26, 2021
  • Jenny Bogod and Christina Canestraro, lawyers at Rosen Sack LLP

Recent case law in Ontario illustrates how the Courts exercise their gatekeeping function to ensure litigants in Will challenges meet a minimum evidentiary threshold. These cases provide important guidance for counsel and parties preparing for similar threshold motions.

Elder Law, Student Forum

Considerations for Serving LGBT2SQ Clients as They Age

  • April 30, 2021
  • Cassandra Martino and Amelia Yiu, Elm Law Professional Corporation

Elder law practitioners should be aware of the special circumstances that may impact the lives of their LGBT2SQ clients as they age, as these circumstances will have a direct impact on how legal practitioners may want to advise their clients in planning for incapacity or death.

Elder Law, Sexual Orientation and Gender Identity Law, Student Forum

Legality of Detention in Long-Term Care and Retirement Homes During the COVID-19 Pandemic

  • March 04, 2021
  • Jane E. Meadus, staff lawyer / institutional advocate, Advocacy Centre for the Elderly

While it is understood that drastic measures must be taken to reduce the risk of COVID-19 to residents across Ontario, especially those living in congregate care settings, this does not give the government carte blanche authority to restrict the liberty of Ontario’s citizens. Any restrictions must be carefully drafted and made in accordance with the rule of law.

Elder Law, Student Forum

Cultural Competency in Elder Law

  • March 04, 2021
  • Thijiba Sinnathamby, TSJ Law,

A look at providing legal services to Canada's increasingly diverse population.

Elder Law, Student Forum