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

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

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

Case study: Lorintt v. Boda, 2014 BCCA

  • April 02, 2015
  • Heather Hogan

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.

Elder Law

Rasouli: What the Supreme Court said

  • November 01, 2013
  • Mark Handelman

Hassan Rasouli’s doctors wanted to pull his life support in 2010 after he fell into a coma. His wife, a medical doctor, refused to allow the plug to be pulled. Mark Handelman of Whaley Estate Litigation takes a look at what the Supreme Court said.

Elder Law