CLE Online

Day 1: Thursday, November 2

Welcome and Introduction

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Opening Address: Consent: Same Standards For All Ages

Isobel Mackenzie — Seniors Advocate, Province of British Columbia, Victoria

Introduction of Platinum Sponsor: Vancity

Catherine Ludgate — Manager, Community Investment, microfinance, financial literacy, anti-poverty work, Vancity

Medical Assistance In Dying (MAID) — Physician Experiences On The Ground

• MAID practice standards
• MAID oversight and reporting
• assessments
• provision of MAID
• challenges providers and patients face
• what lawyers need to know when they are advocating for their clients
• how conscientious objection is operationalized

Dr. Heidi Oetter — Registrar and Chief Executive Officer, College of Physicians and Surgeons of British Columbia, Vancouver
Dr. Ellen Wiebe — Clinical Professor, Department of Family Practice, University of British Columbia, Vancouver

Networking Break 

What's Capacity Got To Do With It? Modernizing Decision Making With Meaningful Law Reform

• what did the Law Commission of Ontario hear during its consultations?
• the big 3: access to justice – resolving guardianship and capacity disputes; supported and substitute decision making; powers of attorney
• what did they recommend and why?
• perspectives from BC and Australia — comparisons, insights, and lessons learned

Kathleen Cunningham — Executive Director, British Columbia Law Institute, Vancouver
Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales
Nye Thomas — Executive Director, Law Commission of Ontario, Toronto
Laura Tamblyn Watts (Moderator) — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto

Concurrent Sessions A

Capacity, Undue Influence, And Independent Legal Advice: HowTo Interview and When To Insist On Independent Legal Advice

Webinar Session

• surrounding circumstances that a lawyer should be mindful of
• how to conduct interviews to elicit key relevant information
• what is required to rebut presumptions of undue influence and/or establish capacity
• when to act/not act for older clients on a joint retainer
• when to insist on independent legal advice (ILA)
• the standard of care in providing ILA

Sara Beheshti — O’Sullivan Estate Lawyers LLP, Toronto
Stanley Rule — Sabey Rule LLP, Kelowna
Kimberly A. Whaley — WEL Partners, Toronto

Adult Protection: Findings From A Research Study Examining Implementation/Awareness Of British Columbia's Adult Guardianship Act

• BC’s distinctive adult protection scheme: Part 3 of the Adult Guardianship Act
• summary of research project: gathering information about current implementation by health authorities and awareness/knowledge among legal professionals as community "gatekeepers"

Margaret I. Hall — Associate Professor, Faculty of Law, Thompson Rivers University, Kamloops

AND

Is The Law Of Evidence Ready For The Aging Population?

• how aging can interfere with the ability to participate in a trial
• procedural and legal tools available to accommodate seniors who experience limitations
• case law review suggests available accommodations are rarely used for older adults

Helene Love — SJD Candidate, University of Toronto, Faculty of Law, Toronto

Networking Lunch (Provided) With Keynote Speakers: 
Implicit Bias And The Elderly Client: What Conflict Resolvers Should Know

• what lawyers need to know about capacity when taking instructions from elderly clients
• the struggle between "protecting" the elderly client and supporting her right to be independent
• the advantages of mediation to resolve disputes involving an elderly client
• the concept of implicit bias: its origins and examples
• age and aging: debunking prevalent myths
• working with the elderly client: what to keep in mind
• how to ameliorate bias: some insights from recent research

The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Anita Dorczak, MA, LLB, PhD, PC, Cert. EM, CLP — Lawyer & Mediator, Westbrook Law & Mediation Centre, Edmonton

Isolation, Loneliness, Neglect, and Self-Neglect: Ethical and Practical Issues For Lawyers                   

• the lawyer’s ethical obligations when suspecting neglect or self-neglect
• how far to go in providing assistance or support
• questions to ask when exploring concerns about an older person
• respectful and non-ageist practice
• key resource agencies for referral

Joan Braun — Mediator and Lawyer, Vista Law Group, Vancouver
Barbara K. Buchanan, QC — Practice Advisor, Law Society of BC, Vancouver
Alison Leaney — Provincial Coordinator, Vulnerable Adults Community Response, Services to Adults, Public Guardian and Trustee of BC, Vancouver 

Networking Break                                    

Concurrent Sessions B

Legal Routes For Intervention In Instances of Self-Neglect In BC: Mental Health Act vs. Adult Guardianship Act 

Webinar Session

• what is self-neglect
• when might it be appropriate to intervene
• when might the Mental Health Act Adult Guardianship Act apply
• what kinds of interventions are possible under each legal regime
• what rights does a person have to resist or challenge intervention under either law
• review of scenarios to contrast the two regimes

Amanda Brown, MSW, RSW — Director, ReAct Adult Protection Program, West Community Health Centre, Vancouver Coastal Health, West Vancouver
Dr. Heather D’Oyley — Geriatric Psychiatrist, Vancouver Coastal Health, Vancouver
Laura Johnston — Lawyer, Community Legal Assistance Society, Vancouver

Legal Needs Of Older Adults Who Experience Elder Abuse: The Role Played By Non-Profit Organizations             

• the role of non-profit organizations to counter elder abuse
• the needs of older adults who experience financial abuse — especially the need for legal information
• lawyers, and other professionals involved in law enforcement, as volunteers for non-profit organizations

Marie Beaulieu — Research Chair on Mistreatment of Older Adults, University of Sherbrooke, Sherbrooke

AND 

Inclusive Investing: Supporting Decision-Making For Investment Issues By People With Capacity Challenges

• supported decision-making in Canada and the interaction with powers of attorney
• working with supported decision-making documents such as representation agreements
• ethical issues related to fiduciary duty - concerns around undue influence and elder abuse
• new tools and checklists to support professional practice on investments and supported decision-making
• linkages between banking and investment issues related to mental capacity

Laura Tamblyn Watts — CCEL Staff Lawyer and LCO Advisory Committee Member, Toronto 

The Australian Guardianship Tribunal System: Lessons To Share With Canada

• overview of the Australian guardianship landscape
• substitute decision making in Australia and the role of tribunals
• the workings of the Guardianship Division of the NSW Civil and Administrative Tribunal
• the future — calls for reform

Malcolm Schyvens — Deputy President, Division Head — Guardianship Division, NSW Civil and Administrative Tribunal and Chair — Australian Guardianship and Administration Council, Sydney, New South Wales 

Closing Remarks

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoff W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Day 2: Friday, November 3

Welcome and Introduction 

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoff W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Opening Address: Elder Law From The Bench — How To Help Your Judge Understand Your Case Law 

The Honourable Adéle Kent — Executive Director, National Judicial Institute, Ottawa

Debate: Be It Resolved That Video Surveillance Should Be Permitted In Long-Term Care Facilities

Pro:
Al Jina — President, Park Place Seniors Living, Vancouver
Graham Webb — Executive Director, Advocacy Centre for the Elderly, Toronto                               

Con:
Clare Burns — WeirFoulds LLP, Toronto
Sara A. Levine, QC — Alliance Lex Law Corporation, Vancouver

Referee:
Geoff W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Networking Break 

Medical Assistance In Dying (MAID) — Is True Advance Consent Possible? 

• criteria for eligibility for MAID under the federal law
• how the Lamb case relates to the issue of advanced consent to MAID
• how the progression of dementia can make advance consent problematic
• access to MAID and communication barriers for people living with dementia
• whether excluding people with dementia from MAID raises discrimination issues
• the vulnerability of people living with dementia to undue influence and abuse in relation to access to MAID

Jay Aubrey — Counsel (Litigation), BC Civil Liberties Association, Vancouver
Maria Howard — Chief Executive Officer, Alzheimer Society of BC, Vancouver
Graham Webb — Executive Director, Advocacy Centre for the Elderly, Toronto

Under The Covers 

• claims and activities that the LSBC insurance program compulsory policy covers
• risks the compulsory policy doesn’t cover, such as trust shortages caused by fraudsters and thieves
• commercial liability insurance products that help protect you from those risks

Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver

Networking Lunch (Provided) With Keynote Speaker:
Cruise Ships and Lasers: Changing The Legal Landscape for Seniors

Jay Chalke, QC — Ombudsperson of British Columbia, Victoria

The Past, Present, and Future of the Common Law Test for Capacity to Marry 

• the modern concern regarding “predatory marriages”
• the low (historical) bar for the mental capacity to marry
• the current state of the law on when a marriage will be void for incapacity
• the future direction of the legal test for marital capacity

Emily Clough — Clark Wilson LLP, Vancouver

Where Did The Elder's Money Go? Financial Loss Avoidance and Recovery Options

• identifying frauds and negligence — chance of recovery
• types of financial losses in where the financial advice/negligence may lead to insufficient retirement funds
• financial planning errors, “know your client” errors and suitability errors
• POAs, trustees, and executors
• loss recovery

Harold Geller — MBC Law Professional Corporation, Ottawa

Networking Break  

Making The Most Of Your Pension and Financial Decisions Along The Way

• factors to consider when making pension decisions
• estate considerations
• your matrimonial obligations
• life expectancy
• risks and how to manage them
• most common mistakes and how to avoid them

Colin Galinski — Galinski Pension and Benefits Law Corporation, Vancouver
Cathie Hurlburt, CFP, CLU, RFP, FMA, FDS — Senior Financial Planner, Assante Financial Management, Vancouver 

Abuse, Safety, and Regulation: Protecting The Rights Of Older Adults Living In Retirement Homes and Assisted Living

• comparison of the regulatory regimes in BC and Ontario
• has the Ontario Retirement Homes Act been effective in reducing the risk of harm?
  
• lessons the Ontario experience holds for BC
• how lawyers, families, and residents can enforce statutory rights
• gaps in protection and enforcement

Heather Hogan — Counsel, Office of the Public Guardian and Trustee, Toronto
John Risk — Partner, WeirFoulds LLP, Toronto
Kevin Smith —Lawyer, Seniors First BC, Vancouver 

Closing remarks

Jan Goddard — Goddard Gamage LLP, Toronto
Hugh S. McLellan — McLellan Herbert, Vancouver
Geoff W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver