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Elder Law

From programming and advocacy to peer recognition and relevant resources, OBA Section membership connects you with education, engagement and leadership opportunities to propel you to the forefront of your area of practice.

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Resources, Articles, & Advocacy

Legislative Update | December 19, 2025

Your OBA LegUp Policy and Legislative Update Week of December 15

CRR Final Report Released: The Civil Rule Review (CRR) Working Group's Final Policy Report, is now available online. The 200+ page document proposes a broad range of reforms across core areas of the civil litigation process to help reduce delays and costs and increase access to the civil justice system for Ontario litigants.

Advocacy | December 12, 2025

Your OBA LegUp Policy and Legislative Update Week of December 8

Central East Civil Trial List: The January 2026 Central East Civil Blitz Trial List has been released. This list details the matters that may be called during the upcoming civil trial sittings, scheduled to commence on January 5, 2026, and continue for three weeks.

Advocacy | December 08, 2025

Your OBA LegUp Policy and Legislative Update Week of December 1

EQAO Review: The Ontario government is appointing advisors to review the province’s approach to standardized testing, following the release of data that showed only 51% of Grade 6 students and 59% of Grade 9 students met the provincial standard in math.

Resource | December 03, 2025

Client Capacity: Your Practical Guide

Evaluating a client’s capacity to instruct counsel and make other legal decisions is complex. Legal capacity may differ depending on time, situation or the decision to be made. 

Advocacy | November 14, 2025

Your OBA LegUp Policy and Legislative Update Week of November 10

Ontario Fall Economic Statement: The Ontario government tabled their Fall Economic Statement on Thursday providing updates on their plan to "Protect Ontario". The projected deficit is down by $1.1 billion compared to the projections in the 2025 budget, while the unemployment rate is expected to rise by 1%, to 7.8%. The government still plans to balance the books by 2027-28.

Resource | October 07, 2025

Aging at Home: Legal Planning Essentials

Many older adults express a desire to remain at home as they age—but what does that mean practically and legally?

Provincial | September 12, 2025

Queen's Park Day and Pre-Budget Consultation

The OBA will be holding a Queen's Park Day in Spring 2026 and will likely provide a submission on the annual pre-budget consultations, which typically occurs in early January. Sections are invited to provide section executive approved policy proposals for consideration by no later than December 8, 2025.

Article | August 20, 2025

What is the Difference between a Litigation Guardian and Section 3 Counsel?

In litigation involving parties who are incapable, or where their capacity is in issue, it is important to ensure that the rights of such vulnerable parties are protected, and their wishes and dignity upheld. Litigation guardians and section 3 counsel under the Substitute Decisions Act, 1992 both serve similar purposes in this regard, but with different roles. In this article, Rebecca Kennedy discusses the differences in what each role requires or allows, and when the appointment of section 3 counsel or a litigation may be appropriate.