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CBA E-News – July 2015

Elder Law Section article:

Language discrimination against older adults

Bed-blocker and silver tsunami are more than words talking about people who can’t leave hospital for reasons other than acute care needs, or the catastrophic effect retiring baby boomers will have on the economy – they’re emblematic of a societal lack of respect and regard for the elderly. Words hurt people and they have a carry-through effect on the treatment those people receive.

Read more

CBA E-News – May 2015

Elder Law Section articles:

The Supreme Court of Canada and physician-assisted dying

Pierre Deschamps, C.M., Ad.E., offers up his interpretation of the “historic” Supreme Court decision in Carter v. Canada (Attorney General). Our apologies, but the bulk of this article is available in French only.

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Ontario’s Divisional Court highlights indicators of undue influence

When is undue influence being exerted on a person drafting a will? It can be hard to tell whether the drafter had “testamentary capacity” at the time. Kimberly Whaley of Whaley Estate Litigation looks at a case in point, and notes red flags to watch out for.

Read more

CBA E-News – April 2015

Elder Law Section articles:

Case study: Lorintt v. Boda, 2014 BCCA

Heather Hogan, of Whaley Estate Litigation, reviews the Supreme Court of Canada decision to dismiss, with costs, the application for leave to appeal the decision of the British Columbia Court of Appeal in Lorintt v. Boda.

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Summary of the RASOULI Decision by Michael A. Waite and Duncan E. Taylor – Stones Carbert Waite LLP

Decision - http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/item/13290/index.do

Succession Law Tables of Concordance

CBA’s Wills, Estates and Trusts Section has assembled Succession Law Tables of Concordance. The Tables provide a quick reference to basic information about estate and succession laws in Canadian jurisdictions and links for ready access to make enquiries of court and land titles officials.  They are a convenient starting point for lawyers considering estate files complicated by interprovincial issues or performing services in neighbouring jurisdictions. They are also a handy tool for those seeking to reform and harmonize succession law in the provinces and territories.

Please visit: http://www.cba.org/CBA/sections_wills/main/Tables_2014.aspx

The National Elder Law Section: Retrospective 1999-2009

It has been ten years since the United Nations designated 1999 the International Year of the Older Person and, therefore, appropriate to recall the roots of our Section which was introduced that year.

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 National Elder Law Section Listserv

The National Elder Law Section has a listserv which you are encouraged to join.

A listserv is a discussion group that comes to you through your e-mail! Listservs, or e-mail lists, allow you to interact with many people simultaneously and are a convenient way for members to share information, pass on client referrals, and to ask or answer questions.

Join the listserv 

**  In order to join a listserv you must be a member of the relevant CBA Section. Please contact your Branch if you wish to join the National Elder Law Section.**

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Professional Development

Missed a conference? See the Elder Law Section PD Archive or purchase course materials through the CBA Store.



  • Executive Committee Meeting, Spring 2016 (tbc)



The Section is currently looking for articles for its next newsletter. If you would like to contribute to the next edition, please contact us at CBA Newsletters.

View previous newsletters


The objectives of the National Elder Law Section are tri-fold:

  1. to improve the law affecting seniors;
  2. to educate the public, the individual Bars, the Judiciary and members of the Association on important Elder Law issues; and
  3. to foster professionalism in the practice of Elder Law through communication among Elder Law practitioners.

These goals extend to: stimulating interest on the part of members of the Association in the Elder Law field; studying and having informed dialogue on case law regulations and legislation affecting this emerging area of practice; recommending substantive and procedural improvements in laws impacting on the elderly; disseminating information of value to the Bars, Law Societies, Judiciary, the Association and the public; promoting the legal rights of older persons to enjoy their communities, families and lives to the fullest extent possible and informing older persons of these rights; and providing a forum for the exchange of views and information in furtherance of these goals.

The National Elder Law Section addresses legal issues and problems of the elderly, including: 

  • Age Discrimination;
  • General Planning for Aging: A Case-Management and Multidisciplinary Approach;
  • Elder Abuse and Exploitation;
  • Undue Influence;
  • Housing of Older Persons and Care Facility Regulation;
  • Ethical and Practical Aspects of Advising the Older Client;
  • Mental Capacity and Consent;
  • Guardianship and Court Appointed Substitute Decision Making;
  • HealthCare Decision-Making;
  • Powers of Attorney/ Mandates;
  • Elder Divorce and Separation; and
  • Lawyer referral panels, and advocacy and pro bono work for the elderly of low or middle incomes.

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