Courts Are Still Open for Urgent Incapacity Matters
The Supreme Court of British Columbia has recently joined the fight against COVID-19. On March 18, 2020, Chief Justice Hinkson issued a direction suspending all ... Continued
How to Make Estate Planning Documents From Home
The spread of the COVID-19 virus has caused an increase in the number of people interested in making or updating their estate planning documents. However, ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
Predatory marriages and the capacity to marry: Emily Clough’s case featured in CBC documentary
Emily Clough’s 2017 case at the Supreme Court of British Columbia was the subject of a documentary made by the CBC. The documentary was nationally ... Continued
Caring for aging parents, and why those promises should be in writing
Planning for the care of elderly parents among family members often comes with promises. Some of these promises involve one sibling giving up part of ... Continued
The (Not So) Simple Contract: Mental Capacity & The Act of Marriage
Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder ... Continued
Predatory marriage set aside for mental incapacity
Emily Clough, a partner in our Estates & Trusts group, was successful counsel for the plaintiff in a complex and precedent-setting case released yesterday by ... Continued
Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
Committeeship Applications: the Uragi Case
A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or ... Continued
Physician-Assisted Death – Bill C-14
Federal government introduces bill to legalize medical assistance in dying.
Physician-Assisted Death – Alberta Decision
Alberta court grants first application for physician assisted death.
Physician-Assisted Death – An Update
Legislative committee publishes recommendations for framework of a federal response to physician-assisted dying.