Articles

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.

In Talos v. Grand Erie District School Board, the Human Rights Tribunal of Ontario determined that a school board could not rely on a statutory carve-out under the Ontario Human Rights Code and Employment Standards Act, 2000 to justify ceasing benefits coverage at 65 years of age.

The recent OBA Elder Law Section CPD program, "Congregate Care: Legal Issues Facing Residents, Families & Substitute Decision-Makers,” conveyed how critical clear communication is to explaining and understanding the rights of hospital patients and residents of long-term care and retirement homes.

Sydney Lederman plead guilty to securities fraud and was sentenced to jail on April 13, 2018, for selling a senior citizen securities in a defunct corporation for the price of $90,000 that he fraudulently claimed were worth $3 million but were, in fact, worthless.

With respect to predatory marriages, too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod. Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predatory marriage in Ontario.

This article originally appeared on The Lawyer's Daily website published by LexisNexis Canada Inc. A litigation guardian may be appointed for cognitively impaired older adults in family law proceedings. Conflicts of interest by a proposed litigation guardian should be avoided. Where significant property rights and assets are at stake, it may be useful to engage an experienced and disinterested family law lawyer as the litigation guardian for a financially incapable family law litigant.