In the News

Total 266 Posts

My Summer Vacation

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One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King” and “The Bean Baron of Maine”, passed away in February 2017. According to the Portland Press Herald (“the Herald”), Grant’s….

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Contested wills, Estate Litigation, Family Conflict, In the News, Uncategorized

Grey area: The fragile frontier of dementia, intimacy and sexual consent

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Originally posted for allaboutestates.ca Grey area: The fragile frontier of dementia, intimacy and sexual consent was the Saturday July 14, 2018 front page headline in the Globe and Mail. Seniors and sexuality finally makes the front page of a national newspaper. However It is much more than that and the focus of the article is on consent and how it is (not) defined for those whose capacity may be questionable….

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Elder Care, In the News

Safe Summer Tips and Vacationing with an Older Family Member

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At least 54 people in Quebec have died over the last 2 weeks due to this current heat wave; the majority were seniors. Summer has hit us hard and although all winter long we look forward to warmer weather, the heat can actually cause harm- especially to the elderly. Those of us 65 years and older, are more prone to heat stress, commonly referred to as heat stroke because our….

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Elder Care, In the News

Politicians and executors: two sides of the same coin

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This Blog was written by Liz Bozek, The recent claim filed by Renata Ford challenging the executors of the estate of her late husband, Rob Ford, and the subsequent election of her former brother-in-law (and the subject of that claim), Doug Ford, got me thinking about some of the similarities between being a politician and acting as an estate trustee. Credentials – interestingly, there are no mandatory credentials for either….

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Executors, In the News, Uncategorized

Medical Assistance in Dying (MAiD) and Undue Influence

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In 2015, the Supreme Court of Canada held that the ban on Medical Assistance in Dying (MAiD) was unconstitutional (for a summary of the decision, click here). However, MAiD is not available to all persons; to qualify, a person requesting MAiD must have a grievous and irremediable medical condition including an illness, disease or disability. In its seminal decision, Carter v. Canada (Attorney General), 2015 SCC 5, the Supreme Court of….

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Capacity Law, Disability, Elder Care, Elder Law, Geriatric Care Management, In the News, Testamentary Capacity, Undue influence

Privacy, the Rule of Law, and Apotex Inc.

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The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….

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Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, Interest
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