Undue influence

Total 46 Posts

Capacity to Consent to MAiD: A Suggestion For Amendment

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I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence

“If You See Something, Say Something”*

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Do you have a ‘TCP’? While I am not a fan of using acronyms, ‘TCP’I is one you want to know.  It is shortform for ‘Trusted Contact Person’. “The Canadian Securities Administrators (CSA) announced July 15 that regulators are adopting amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, which require advisors to collect the name and contact information of a trusted contact person (TCP), along with the client’s written….

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Elder Care, Undue influence

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

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Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….

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Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence

Can Section 3 Counsel be Summoned for Examination?

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Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Where There’s a Will, There’s a Way: Virtual Witnessing and Undue Influence During COVID-19

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This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However, due to social distancing guidelines, changes have had to be made. One by one, Ontario, Alberta, British Columbia, Manitoba, Nova….

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Contested wills, Uncategorized, Undue influence

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills
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