Articles

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

Today
Today

Starting Over at 55: What's the Cost?

  • December 02, 2019
  • Sarah Engel and Brigitte Barsalou, Bales Beall LLP

A look at "grey divorces" and the unique set of challenges they present

Elder Law, Student Forum

Predatory Marriages: Consideration of Equitable and Other Remedies

  • June 24, 2019
  • Kimberly Whaley and Sareh Ebrahimi

Since contesting the validity of a marriage on the ground of incapacity is an imperfect approach, there is a need to explore other potentially available rights and remedies to react to what is actually happening in today’s society. This article considers other grounds upon which a court has the jurisdiction to set aside a predatory marriage as a nullity and also to remedy the wrongs caused by a predator spouse.

Elder Law, Student Forum

An Overview on Elder Abuse and How to Detect It

  • June 24, 2019
  • Kimberly Whaley and Sareh Ebrahimi

Elder abuse can take many forms, including financial, physical, psychological (mental or emotional) and sexual abuse to name a few. Neglect can also be a form of abuse.

Elder Law, Student Forum

Working with Older Clients: Tips for New Lawyers

  • June 20, 2019
  • Alexandra Manthorpe

Coming out of law school, it’s not uncommon to have clients who are a generation or two older than oneself. Alexandra Manthorpe offers tips for working with older clients that she has learned in her few years of being a lawyer.

Elder Law, Student Forum

Section 3 Counsel and the Rebuttable Presumption of Capacity to Instruct

  • March 13, 2019
  • Daniel Paperny

The concept and role of section 3 counsel is inherently tricky, because counsel is, on one hand, tasked to represent individuals whose capacity is in issue, yet the lawyer is still bound by the Rules of Professional Conduct and Rules of Civil Procedure and duty-bound not to take or act on instruction if the client is found to lack the capacity to instruct.

Elder Law, Student Forum

Online Romance Scams Affecting Elder Persons

  • February 13, 2019
  • Brittany Sud, Faskens

In 2018, the Canadian Anti-Fraud Centre cited romance scams as the top reported scams based on total dollar loss. Elderly persons are particularly susceptible to these types of scams. Unfortunately, the late Robert Hogg fell victim to a romance scam, which was not discovered until after his death.

Elder Law, Student Forum

Diminished Ability to Communicate? Or, Diminished Decisional Capacity?

  • October 25, 2018
  • Kimberly A. Whaley, Whaley Estate Litigation Partners

Mills v Radons, 2018 SKQB 237 (CanLII), a recent case from Saskatchewan, looks at whether a husband had the requisite decisional capacity to instruct his counsel in divorce proceedings and whether his intention was to seek a divorce and spousal support.

Elder Law, Student Forum