Canadian Elder Law Conference - Day 2

Course Chairs
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

About the Course Chairs
Jan Goddard is the founding partner of Goddard Gamage LLP in Toronto, which has been named three times as one of the top five trusts and estates boutique law firms in Canada by Canadian Lawyer magazine. She is a frequent speaker at continuing professional development programs on elder law, capacity, guardianship, powers of attorney, substitute decision-making, and estate issues.

Jan is the co-director of Osgoode Professional Development’s Certificate in Elder Law. She was a member of the advisory group to the Law Commission of Ontario’s project on Legal Capacity, Decision making, and Guardianship. She is former counsel to the Office of the Public Guardian and Trustee of Ontario. Jan has a long history of volunteering with Woodgreen Community Services, one of Canada’s leading social service agencies, and is a distinguished Fellow of the Canadian Centre for Elder Law.


Hugh S. McLellan, a partner in the law firm of McLellan Herbert, practices in the areas of estate litigation, estate planning, and elder law. He is a former Chair of the CBA Wills and Trusts (Vancouver) Subsection. He is the founding Vice Chair (and past Chair) of the CBA National Elder Law Section and the founding Chair of the CBA BC Elder Law Subsection. He is a member of the Estate Planning Council of Vancouver and the U.S. National Academy of Elder Law Attorneys. He has served on various committees dealing with law reform in the areas of adult guardianship and wills and estates. He was awarded the CBA BC Community Service award in 2004 for his involvement with mental health and elder issues.

Mr. McLellan is the author of numerous articles on estate litigation, estate planning and elder law, co-editor of Financial and Estate Planning for the Mature Client in British Columbia (LexisNexis, 2000), a contributor to B.C. Representation Agreement Act, Adult Guardianship Act and Related Statutes (Carswell, 2000), and is an associate editor of the Estates and Trusts Reports. He is a frequent lecturer for various professional and community programs.

Geoffrey W. White has 20+ years of expertise in wills, trusts, estates and elder law matters. He acts as Counsel for Clark Wilson LLP and assists clients both in Vancouver and at his “heritage” office in Kelowna. He is a frequent author and lecturer for both the legal community and others.

Geoff is currently the Past Chair of the CBA National Elder Law Section, a Governor of the Law Foundation of BC, and the Past Chair of the Okanagan Chapter of the Society of Trust and Estate Practitioners. He is an editor of CLEBC’s BC Probate & Estate Administration Practice Manual, which is acknowledged as the primary source for all estate matters in the province, and he helped to design the lawyer education programs for BC’s new Wills, Estates and Succession Act, which took effect in 2014.

Faculty
Day 2: Friday, November 3
The Honourable Adéle Kent — Executive Director, National Judicial Institute, Ottawa
Jay Aubrey — Counsel (Litigation), BC Civil Liberties Association, Vancouver
Clare Burns — WeirFoulds LLP, Toronto
Jay Chalke, QC — Ombudsperson of British Columbia, Victoria
Emily Clough — Clark Wilson LLP, Vancouver
Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Colin Galinski — Galinski Pension and Benefits Law Corporation, Vancouver
Harold Geller — MBC Law Professional Corporation, Ottawa
Jan Goddard — Goddard Gamage LLP, Toronto
Heather Hogan — Counsel, Office of the Public Guardian and Trustee, Toronto
Maria Howard — Chief Executive Officer, Alzheimer Society of BC, Vancouver
Cathie Hurlburt, CFP, CLU, RFP, FMA, FDS — Senior Financial Planner, Assante Financial Management, Vancouver
Al Jina — President, Park Place Seniors Living, Vancouver
Sara A. Levine, QC — Alliance Lex Law Corporation, Vancouver
Hugh S. McLellan — McLellan Herbert, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver
John Risk — Partner, WeirFoulds LLP, Toronto
Kevin Smith —Lawyer, Seniors First BC, Vancouver
Graham Webb — Executive Director, Advocacy Centre for the Elderly, Toronto
Geoffrey W. White — Geoffrey W. White Law Corporation, Counsel, Clark Wilson LLP, Kelowna & Vancouver

Click here for full faculty bios »

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