Hull & Hull lawyers Sydney Osmar, Tsvetomira Niklin, and myself attended the Ontario Bar Association’s Elder Law Day on March 28, 2023. This half-day event was full of exceptional speakers across a wide range of issues impacting estates and elder law practitioners chaired by Kim Gale and Matthew Rendely.

Here is a quick recap of what we learned about:

Kim Gale started off the afternoon by discussing the very interesting case of Doherty v. Doherty, 2023 ONSC 1536, which we will be blogging about in the coming weeks. This case features just about as many POA and estate litigation issues that could be addressed in a single matter.

The Honourable Justice Edward Kelly, Kimberley Whaley, and Avi Charney presented on the topic of capacity in different contexts. It was particularly interesting to learn from Justice Kelly about the differing capacity issues at play in criminal law including testimonial capacity, fitness to stand trial, and the finding of Not Criminally Responsible. Kim and Avi both shared the challenges faced by practitioners in assessing capacity.

Next, we heard from Matthew Urback, Heather Hogan, and Alexander Procope on the often misunderstood topic of litigation guardians compared to section 3 counsel appointed under the Substitute Decisions Act. This included an informative discussion on a lawyer’s obligations as section 3 counsel as compared to a normal retainer.

Susan Hyatt and Dr. Richard Shulman then presented on navigating the financial, legal, & clinical interfaces of capacity. Dr. Shulman shared his unique perspectives as a pioneer in the field of retrospective capacity assessments as well as expert opinions in estate litigation. Susan Hyatt showcased some of the practical realities in navigating the transition to long term care and end of life decisions.

The day concluded with a keynote from The Honorable Justice Eileen Gillese on the topic of costs in estates and elder law litigation. This incredible presentation explored the always important concept of traditional vs. modern approaches to estate costs, as well as costs considerations on appeals.

Thanks to all of the speakers and to the Ontario Bar Association Elder Law section for putting together a fantastic event. We look forward to seeing our colleagues again in-person next year!