Articles 2019

A summary of the Minister of Seniors Mandate Letter includes creating a national definition of elder abuse.

Some helpful tips for how to address and work with section 3 counsel.

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

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.

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.

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.

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.

Court cites Whaley-Sultan text as authority in ruling on the complex and crucial role of section 3 counsel.

On November 1, the federal government will introduce new reporting requirements for clinicians administering MAID. This article provides a broad overview of the requirements, and a brief consideration of the potential legal implications.

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.