2019 Isaac Pitblado Lectures - Part 1 of 3
November 8, 2019
Jointly presented by The Law Society of Manitoba, The Manitoba Bar Association and The University of Manitoba Faculty of Law
A Review of 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 Marriages – A Cross-Country View
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 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 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