Canadian Elder Law Conference 2019 Day 1

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 four times as one of the top 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 was the co-director of Osgoode Professional Development's Certificate in Elder Law from 2015-17. She was a member of the advisory group to the Law Commission of Ontario's landmark 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. In 2015 and 2017, Jan co-chaired the Canadian Elder Law Conference, and she looks forward to doing so again in November 2019 in Vancouver.

Hugh 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 US 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.

Hugh 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 BC 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.

Geoff 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 Chair of the Law Foundation of BC, the past Chair of the CBA National Elder Law Section, and the Founding Chair of the Okanagan Chapter of the Society of Trust and Estate Practitioners. He is an editor of the CLEBC 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 Wills, Estate and Succession Act, which took effect in 2014.

Planning Committee
Krista James — Canadian Centre for Elder Law, Vancouver

Faculty
The Honourable Marion J. Allan — Retired Supreme Court of BC Justice and retired mediator, North Vancouver
The Honourable Justice Eileen E. Gillese — Ontario Court of Appeal, Toronto
Sarah P. Bradley — Ombudsman and Chief Executive Officer, Ombudsman for Banking Services and Investments (OBSI), Toronto
Joan Braun — Lawyer & Mediator, Vancouver
Clare Burns — WeirFoulds LLP, Toronto
Emily Clough — Clark Wilson LLP, Vancouver
Anne-Isabelle Cloutier, BCL/LLB Candidate — Faculty of Law, McGill University, Montreal
Leanne Dospital — Advocate for Service Quality, Social Development and Poverty Reduction, Vancouver
Laurie Geschke — Educator, Facilitator, Advisor, Lifetime Member of PLAN, Maple Ridge
Barb Goode — Self-Advocate, Director of PLAN, Burnaby — supported by Jule Hopkins — Family Advocate, PLAN, Richmond
Katie Hoy — Provincial Coordinator, Advocacy & Public Policy, Alzheimer Society of BC, Vancouver
Vivian A. Kerenyi — Lawyer & Mediator, Vancouver
Janina M. Kon — Senior Legal Counsel, Vancouver Coastal Health, Vancouver
Ken M. Kramer, QC — KMK Law Corporation, Vancouver
Barbara J. Lindsay — Director, Advocacy & Education, Alzheimer Society of BC, Vancouver
Linda D. Locke, QC — Upper Skeena Counselling and Legal Assistance Society, Hazelton
Kevin Love — Community Legal Assistance Society, Vancouver
Jane E. Meadus — Advocacy Centre for the Elderly, Toronto
Dr. Deborah O’Connor — Co-Director, Centre for Research on Personhood and Dementia, and Professor, School of Social Work, University of BC, Vancouver
Jack Styan — VP Strategic Initiatives, Community Living BC, Vancouver
Penny A. Washington — Norton Rose Fulbright Canada LLP, Vancouver
Kimberly A. Whaley —Whaley Estate Litigation Partners, Toronto
Scott Wingrove — Manager, Strategic Policy, Seniors Services, Specialized Services Division, BC Ministry of Health, Victoria

Course Materials Contributors
Wendes Keung — WeirFoulds LLP, Toronto
Claire McNevin — WeirFoulds LLP, Toronto

Click here for full faculty bios

Thursday, November 14, 2019

Welcome and Land Acknowledgement

Alec Dan — Musqueam Knowledge Keeper, Musqueam Indian Band
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: Reflections on the Ontario Public Inquiry Into Long-Term Care

The Honourable Justice Eileen E. Gillese — Ontario Court of Appeal, Toronto

Legal and Policy Issues in Long-Term Care

• use of anti-psychotics in long-term care
• consent to treatment
• policy and practice regarding deaths in long-term care
• review of BC's new legislative provisions regarding care facility admission

Moderator: The Honourable Justice Eileen E. Gillese — Ontario Court of Appeal, Toronto
Jane E. Meadus — Advocacy Centre for the Elderly, Toronto
Penny A. Washington — Norton Rose Fulbright Canada LLP, Vancouver
Scott Wingrove — Manager, Strategic Policy, Seniors Services, Specialized Services Division, BC Ministry of Health, Victoria

Break

Concurrent Sessions A:

Elder Law Case Update (Webinar Session)

• review of various cases from across Canada relevant to an elder law practice, including predatory marriage, detention of vulnerable adults, and elder abuse

Emily Clough — Clark Wilson LLP, Vancouver

Elder Law in a Small Town (Webinar Session)

• wills and estates issues on reserve
• access to justice issues for Elders and sick people on reserve
• death bed wills
• the role of Indigenous Affairs in estate administration

Linda D. Locke, QC — Upper Skeena Counselling and Legal Assistance Society, Hazelton

OR

The Gregory K. Steele Student Paper Prize in Elder Law — Creating a Specialized Decision-Making Body for Guardianship Matters: A Path to Explore a Better Protection of Incapable Persons

• outline of the adult guardianship regime in Quebec
• review of fundamental values underlying guardianship law
• review of systemic problems in the current application of the law and in the assessment of adults' incapacity and need for legal protection
• comparison of strengths and weakness of a court versus specialized decision-making body approach to adjudicating guardianship matters

Anne-Isabelle Cloutier, BCL/LLB Candidate — Faculty of Law, McGill University, Montreal

Balancing Risk and Self-Determination in Abuse, Neglect, and Self-Neglect Response

• the Adult Guardianship Act and the role of designated agencies in investigating reports of abuse, neglect, self-neglect, and in reaching decisions under the Act
• the limited "remedies" designated agencies under the Adult Guardianship Act can provide
• emergency intervention powers under the Adult Guardianship Act
• role of counsel representing concerned family members
• describe self-determination
• role of the Advocate for Service Quality
• share case example

Leanne Dospital — Advocate for Service Quality, Social Development and Poverty Reduction, Vancouver
Janina M. Kon — Senior Legal Counsel, Vancouver Coastal Health, Vancouver

Networking Lunch (Provided) with Keynote Speaker:
Ombudsman for Banking Services and Investments (OBSI) — How We Can Assist Your Clients

• outline of OBSI mandate and process
• when to refer to OBSI
• types of OBSI files involving older clients
• success stories of OBSI helping older client seek justice

Sarah P. Bradley — Ombudsman and Chief Executive Officer, Ombudsman for Banking Services and Investments (OBSI), Toronto

Concurrent Sessions B:

Understanding and Assessing (In)Capacity: A Practical Overview of the Process (Webinar Session)

• what does mental capacity mean from a clinical perspective
• when is a formal assessment indicated
• how is incapability assessed
• decision-specific versus domain-specific capacity
• review of incapability assessment in relation to BC's Adult Guardianship Act
• guidelines for reviewing an assessment

Dr. Deborah O’Connor — Co-Director, Centre for Research on Personhood and Dementia, and Professor, School of Social Work, University of BC, Vancouver

Capacity to Retain and Instruct Counsel (Webinar Session)

• practical strategies for working with clients with capacity issues
• representation agreements to support the conduct of litigation
• role of section 3 counsel in Ontario
• planning the conduct of a file around fluctuating capacity

Clare Burns — WeirFoulds LLP, Toronto
Kevin Love — Community Legal Assistance Society, Vancouver

Break

Advance Planning with Adults with Intellectual Disabilities (Webinar Session)

• gaps in legal planning which heighten vulnerability
• strategies for working collaboratively with family and local agencies to support capacity and informed decision-making
• analyzing needs through an inter-sectional approach that considers services related to both aging and disability
• tips for supporting successful planning

Laurie Geschke — Educator, Facilitator, Advisor, Lifetime Member of PLAN, Maple Ridge
Barb Goode — Self-Advocate, Director of PLAN, Burnaby —
supported by Jule Hopkins —Family Advocate, PLAN, Richmond
Ken M. Kramer, QC — KMK Law Corporation, Vancouver
Jack Styan — VP Strategic Initiatives, Community Living BC, Vancouver

Elder Abuse: Civil and Criminal Remedies

• review of recent cases
• outline of various civil remedies

Kimberly A. Whaley — Whaley Estate Litigation Partners, Toronto

OR

Elder Mediation Workshop (enrollment is limited, advance registration is required by contacting Joan Braun at registration@vistalawgroup.ca)

This workshop explores how to resolve intra-family conflicts that involve elder care or financial planning issues. The workshop has two components. Presentations on issues pertinent to elder mediation and an opportunity to practice skills essential to elder mediation.

Presentations:

The Benefits of Mediation Over Litigation for Resolving Elder Law Issues

The Honourable Marion J. Allan — Retired Supreme Court of BC Justice and retired mediator, North Vancouver

Understanding Dementia in the Mediation Context

Katie Hoy — Provincial Coordinator, Advocacy & Public Policy, Alzheimer Society of BC, Vancouver
Barbara J. Lindsay — Director, Advocacy & Education, Alzheimer Society of BC, Vancouver

How to Apply Substantive Mediation Competencies in an Elder Mediation Context

Joan Braun — Lawyer & Mediator, Vancouver
Vivian A. Kerenyi — Lawyer & Mediator, Vancouver

Skills Component:

• • strategies for dealing with issues unique to elder mediation  
  • screening for elder abuse
  • accommodating disability in mediation
  • demonstration of elder mediation through role play
  • small group exercises to apply skills

Chairs' Reception
Pan Pacific Hotel, Cypress Room