2019 Isaac Pitblado Lectures - Part 1 of 3
November 8, 2019

A Review of Testamentary Capacity in Canada
Reviews the state of the law on testamentary capacity in Canada. Starting with a primer on the Banks v. Goodfellow criteria, refers extensively to the leading and latest case law. Covers important topics such as the solicitor’s duty to determine capacity, factors to consider when deciding whether to get a capacity assessment, and the admissibility and reliability of expert retroactive assessments.

Presenter: Professor Albert H. Oosterhoof, WEL Partners, Professor Emeritus, Faculty of Law, Western University

Predatory MarriagesA Cross-Country View
This presentation focuses the capacity lens on the complex and troubling issue of predatory marriages. Reviews the legal tests for the capacity to marry, capacity to divorce, capacity to separate and the capacity to reconcile. Discusses the consequences of a predatory marriage and the grounds upon which the validity of such a marriage may be challenged and set aside, or the wrongs caused by a predator spouse may be remedied. Provides a thorough review of relevant case law and she highlights legislative changes that could be made to attempt to prevent such marriages taking place.

Presenter: Kimberly A. Whaley, WEL Partners (Toronto)

A Medical Perspective on Capacity
Discusses the possible levels of capacity in a physician’s assessment of an individual’s capacity to give informed consent to medical treatment. Goes on to discuss senility as part of the aging process in contrast to a diagnosis of dementia. Reviews several types of dementia: Alzheimer’s disease; vascular dementia and frontotemporal dementia. Concludes with some fascinating patient case examples that illustrate how difficult it can be to assess an individual’s capacity in relation to the making of a Will.

Presenter: Dr. Barry Campbell, Geriatric Psychiatry Program, St. Boniface Hospital

Capacity Assessments Panel
The morning presenters come together for a practical and frank panel discussion of many capacity and Will-making topics, including: 

  • The utility of a medical opinion on capacity when a lawyer is assessing a client’s capacity to make a Will.
  • Factors to consider when a lawyer is deciding from whom to seek a medical opinion on capacity, e.g., general practitioner, geriatric psychiatrist or trained capacity assessor?
  • The instructions, and information about the client, that a lawyer ought to give to the assessor.
  • Legal and ethical obligations when taking instructions from a client particularly when capacity is an issue.

Moderator: Professor Albert H. Oosterhoof, WEL Partners, Professor Emeritus, Faculty of Law, Western University

Dr. Barry Campbell, Geriatric Psychiatry Program, St. Boniface Hospital
John Poyser, Tradition Law LLP
Kimberly A. Whaley, WEL Partners (Toronto)

CPD hours: 3
EPPM hours: 0.5

Price: $95.00 + GST = $99.75

2019 Isaac Pitblado Lectures - Part 2 of 3
November 8, 2019

Video Recording Will Instructions
This presentation explores the video recording of Will instructions as a means to create reliable evidence of the Will-maker’s capacity at the time.  Discusses the lawyer’s obligation to assess their client’s capacity, to decide whether to execute the Will, to take good instructions and to create and store a reliable chain of evidence. Using a fictional fact scenario, including handouts and interview video clips, the presenter illustrates the process he uses when video recording Will instructions.

Presenter: John Poyser, Tradition Law LLP

CPD hours: 0.5
EPPM hours:

Price: $30.00 + GST = $31.50

2019 Isaac Pitblado Lectures - Part 3 of 3
November 8, 2019

Medical Assistance in Dying (MAID): How Does the Process Work?
This presentation gives you the “what, who, when, where, how and why” of medical assistance in dying (MAID), as explained clearly and thoroughly by a social worker on the provincial MAID clinical team. Covers the basics of who can provide MAID, the eligibility criteria for who can and cannot receive MAID, when and where MAID can take place, how the MAID application process works, how MAID is administered to the individual, and the common themes why individuals seek MAID.  

Presenter: Tanis Newsham, Provincial MAID Clinical Team

MAID Constitutional Issues
Beginning with the Carter v. Canada (Attorney General) case which deemed the criminal laws prohibiting assistance in dying to be a violation s.7 of the Charter, covers the key features of the ensuing federal MAID legislation. Discusses where the law is clear, where it is subject to confusion, as well as past and present Charter challenges. Also considers three key issues still to be resolved with respect to MAID access: 

  • mature minors; 
  • advance requests;
  • where mental disorder is the sole underlying medical condition.

Presenter: Grace Pastine, BC Civil Liberties Association

MAID Panel Presentation: Philosophical and Ethical Issues
This panel discussion brings you diverse perspectives on important philosophical and ethical questions such as:

  • To what extent does access to MAID depend on where you live? What are the geographical limitations? What about abstaining facilities?
  • To what extent does the bias of MAID service providers affect how difficult or easy it can be to receive MAID? How is it being determined that an individual’s suffering is intolerable? What if intolerability is related to a lack of adequate resources?
  • What can lawyers tell their clients about the issues unresolved by the federal MAID legislation (advance requests, mature minors and mental disorder as the sole underlying medical condition) which were the subject of Council of Canadian Academies reports in December 2018?

Moderator: John Myers, Taylor McCaffrey LLP

Jennifer Dunsford, WRHA Ethics Services
Professor Nancy Hansen, Disability Studies, University of Manitoba
Grace Pastine, BC Civil Liberties Association

CPD hours: 2
EPPM hours: 1

Price: $75.00 + GST = $78.75