CLEBC - Courses On Demand

Canadian Elder Law Conference 2023: Combo

Course Date: November 9, 2023

Full Course Materials

Total: 10h 56min

Total Ethics: 2h

Day 1
Thursday, November 9, 2023

Course Introduction and Land Acknowledgement (9:00 – 9:20)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Hugh S. McLellan — McLellan Herbert Locke, Vancouver
Kimberly A. Whaley — Whaley Estate Litigation Partners, Toronto
Geoffrey W. White, KC — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Predatory Marriages and Divorces (9:20 – 10:20)

the capacity to marry and divorce, including cross-provincial statutory requirements
the consequences of a predatory marriage: considerations for marriage and property law
responding to predatory marriages: the consideration of the use of equitable and other remedies
abuse by a legitimate spouse—is divorce available?
parties outside the marriage driving separation/divorce

Kimberly A. Whaley — Whaley Estate Litigation Partners, Toronto

Amanda N. Winters — Farris LLP, Vancouver

Care Facilities (10:20 – 11:20)

accessing care: a BC perspective
rights in care facilities and the importance of substitute decision-makers
video surveillance
developments in residents' rights in the context of the COVID-19 pandemic

Christine Elliott — Christine Elliott Law Corporation, Vancouver
Zack Uganec — Seniors First BC, Vancouver

BREAK (11:20 – 11:35)

Coroner's Role in Elder Abuse Prevention (11:35 – 12:35)

coroner's role, and when a death must be reported and investigated
intersection between a coroner's investigation and a police investigation when elder abuse is suspected, and how the independent findings of each contribute to death determinations
inquest process; how decisions to hold an inquest are made, and the role of the inquest jury, participants, and witnesses

Dr. Jatinder Baidwan — Chief Medical Officer, Burnaby
John McNamee — Chief Legal Officer, BC Coroners Service, Burnaby

LUNCH with Keynote Speaker: The Influence of Agism on the Rights of Older Adults (12:35 – 1:45)

Isobel Mackenzie — BC Seniors Advocate, Office of the Seniors Advocate, Victoria

The Role of the Medical Expert in an Estate Practice (1:45 – 2:45)

introduction
the use of medical experts and evidentiary considerations
clarity of capacity

Dr. Peter Chan — Department of Psychiatry, Faculty of Medicine, UBC, Vancouver
Bryan Gilmartin — Whaley Estate Litigation Partners, Toronto
Ian Hull — Hull & Hull LLP, Toronto
Dr. Kenneth Shulman — Sunnybrook Health Sciences Centre, University of Toronto, Toronto
Alexander J. Swabuk — Miller Thomson LLP, Vancouver

BREAK (2:45 – 2:55)

The Role of the Medical Expert in an Estate Practice, continued (2:55 – 3:55)

the role of the medical expert witness
the use of medical expert evidence at a hearing or trail
conclusion an summary review

Closing Remarks (3:55 – 4:00)

Hugh S. McLellan — McLellan Herbert Locke, Vancouver
Kimberly A. Whaley — Whaley Estate Litigation Partners, Toronto
Geoffrey W. White, KC — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Day 2
Friday, November 10, 2023

Welcome Back (9:00 – 9:10)

BCLI Undue Influence Recognition and Prevention Guide (9:10 – 10:10)

overview of the BCLI Guide and why it was issued
reasons for the revision and update
how the revision project was carried out (committee membership, consultations, etc.)
what is new in the new (2022) revised and updated version of the BCLI Guide

Gregory G. Blue, KC — BC Law Institute, Vancouver
Geoffrey W. White, KC — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Wills and Estates on Reserve (10:10 – 11:10)

land on reserve
- types of possessory interests in land
- land registries
- records kept at the band office
- right to live on reserve: status and residency rights
wills for Indigenous peoples
- IA vs. WESA
  - meaning of "living ordinarily on reserve"
  - distinctions when dying intestate (IA/WESA)
- matrimonial rights on reserve
- testamentary trusts

Marie-Noël Campbell — Executive Director and Lawyer, Seniors First BC, Vancouver
Eve Hansen (Jastalaans) — Legal Advocate, Advance Planning Clinic Program, Seniors First BC, Haida Gwaii

BREAK (11:10 – 11:25)

Case Law Update (11:25 – 12:30)

review of various cases from across Canada relevant to an elder law practice, including estate planning, substitute decision making, elder abuse, and detention of vulnerable adults

Emily Clough — Clark Wilson LLP, Vancouver
Jan Goddard — Goddard Gamage LLP, Toronto
Suzana Popovic-Montag — Hull & Hull LLP, Toronto

LUNCH with Keynote Speakers: Engaging People Living with Dementia in Decision-Making (12:30 – 1:40)

Heather Cowie — Manager, Community Engagement, Alzheimer Society of BC, Vancouver
Kelly Melnyk — Director, Canadian Centre for Elder Law, Vancouver
Myrna Norman — Maple Ridge

Seismic Shifts in Seniors Care—Changes on the Political Horizon (1:40 – 2:40)

pressure points in care for an aging population and their implication on federal legislation and what that means for the legal profession
how will the roll-out of national standards of care impact provinces, including fluctuating duties of care
elder abuse, changes to the Criminal Code, and working with vulnerable witnesses and victims in the justice system
Adult Guardianship Act, Part 3 review

Kelly Melnyk — Director, Canadian Centre for Elder Law, Vancouver
Laura Tamblyn Watts — CEO, CanAge, Toronto

BREAK (2:40 – 2:55)

MAiD Update (2:55 – 3:55)

legal overview of MAiD in Canada
eligibility criteria, procedural safeguards
independent and parliamentary reviews
hot topics: forced transfers, advance requests, mature minors, mental illness, and waivers of final consent

Dr. Jyothi Jayaraman, MBBS, MD, CCFP (PC) — Clinical Assistant Professor, Department of Family Practice, Associate Member, Department of Medicine, Division of Palliative Care, UBC, Vancouver
Grace Pastine, KC — Norton Rose Fulbright Canada LLP, Vancouver

Closing Remarks (3:55 – 4:00)