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CBA Elder Law Section

CBA Elder Law Section articles are published under the banner Sage Advice. Members interested in posting articles are encouraged to send them to the Section at:


The case of Irene Bellefeuille: Terminating a power of attorney

  • March 13, 2019
  • Kavina Nagrani

The recent Ontario Superior Court of Justice decision in Bellefeuille v Bellefeuille, 2018 ONSC 6802, provides useful guidance as to the circumstances in which a court may terminate an individual’s power of attorney and is an important reminder that simply substituting one’s own decision-making analysis over another’s finances is not what the law expects of an attorney for property. It is much more.

Elder Law

Moore v Sweet: An analysis of unjust enrichment

  • January 28, 2019
  • Allison A. Curley

The Supreme Court of Canada rendered the Moore v Sweet decision on November 23, 2018.1 The Hon. Madam Justice Côté delivered the judgement, with Wagner C.J., Abella, Moldaver, Karakatsanis, Brown, and Martin JJ. concurring.

Elder Law

Sexual expression in long-term care homes: Consent and capacity

  • February 29, 2016
  • Emily Hayter

The Windsor Review of Legal and Social Issues published an article in 2014 titled Sexual Expression In Long-Term Care Homes: Consent & Capacity which provides elder law practitioners with some insight into the issue of sexual expression in long-term care homes.

Senior abuse: What can Ontario learn from other provinces?

  • January 22, 2016
  • Laura Cardiff

Seniors – defined as those aged 65 and over – currently make up approximately 15 per cent of the population; it is projected that by 2036 that percentage will have increased to approximately one quarter of the population. As the number of seniors in Canada continues to rise, so too do concerns about abuse of older adults, whether that abuse be physical, psychological, or financial.

How to advise elderly trustees

  • November 16, 2015
  • John Hollander

John Hollander, a litigator with McBride Bond Christian LLP, looks at the issues elderly trustees face when undertaking substantial trust responsibilities; specifically examining how lawyers should advise such clients and how lawyers should advise beneficiaries when the elderly trustee appears not to be discharging the duties of the office.

Elder Law

Consent to release of personal health information

  • September 14, 2015
  • Genevieve Giroday

Lawyers working with older adults may be asked to advise clients on the protocol for consenting to a physician’s disclosure of information. Genevieve Giroday of Giroday Law looks at the rules surrounding the release of personal health information.

Elder Law

Attacking and defending inter vivos gifts

  • August 18, 2015
  • Kimberley Whaley

In a paper presented to the 17th annual STEP National Conference in Toronto in June, Kimberley Whaley reviews the conditions required to create a valid gift, grounds for attacking or setting aside inter vivos gifts or wealth transfers, and recent relevant case law.

Language discrimination against older adults

  • July 01, 2015
  • Selynne Guo

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.

Elder Law