The succession rights of unborn children: Future heirs
An unborn child has for many purposes been recognised and accorded varying degrees of protection by the law. This article begins our discussion of the legal succession rights of an unborn child. Legal Fiction Under the common law, children conceived but not yet born have the same rights as born children. As discussed in Fitzsimonds v.
Read MoreCollaborative Law and its Role in Estate Disputes
Collaborative law, commonly used in family law, is an innovative approach to dispute resolution – introduced to the Canadian legal landscape in 1998 – where the lawyers and parties involved in a dispute agree in advance to resolve their conflict using co-operative strategies that are out of court rather than adversarial techniques and litigation. This commitment is
Read MoreThe More Beds, Better Care Act: Dangers disguised as legislation, part two
Co-Written by: Kim Gale and Palak Mahajan As we discussed in the first article in this two-part series, thousands of patients every year wait in hospitals for another level of care and are designated as alternate level of care (ALC) patients. A substantial number of these people do not have the capacity to make decisions
Read MoreThe More Beds, Better Care Act: Dangers disguised as legislation, part one
Co-written by: Kim Gale and Palak Mahajan Each year, thousands of patients are admitted to the hospital in Ontario because of a need for acute care. Once the issue of acute care is resolved, these patients wait in the hospitals for another level of care and are designated as alternate level of care (ACL) patients.
Read MoreThe Legal Controversies of MAiD, Part Two
Co-written by: Kim Gale and Jessica Campolucci As we discussed in the first article in this two-part series, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby. This article continues the discussion. MAiD for
Read MoreElder law: What it is and why it’s important
Co-written by: Kim Gale and Lorissa Jaipaul Elder law, broadly speaking, is the area of law focused on legal issues from the perspective of the older adult whose rights are in issue. When it comes to elder law itself, the legal issues that arise and the needs of the clientele are unique. How to recognize
Read MoreThe Legal Controversies of MAiD, Part One
Co-written by: Kim Gale and Jessica Campolucci In a groundbreaking decision by the Court of King’s Bench of Alberta, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v. M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby. This case involves a
Read MoreGifts through the Lens of Doherty v. Doherty, Part Two
Co Written by: Kim Gale and Palak Mahajan Gifts through the Lens of Doherty v. Doherty, Part Two In the first article in this two-part series, we discussed the law regarding gifts in Ontario and how the court in Doherty v. Doherty, 2023 ONSC 1536 (Doherty) reinstated the law on inter vivas gifts. This article delves into the decision itself. Analysis
Read MoreSpotting the Signs: Recognizing and Reporting Elder Abuse
In this presentation, Kim Gale provides an in-depth exploration of elder abuse, focusing on how to recognize the key signs and patterns that may indicate mistreatment. She shares practical examples to help attendees identify potential cases and offers guidance on when and how to report such instances. Additionally, Kim delves into the legal remedies available
Read MoreNavigating the digital future: Law Society of Ontario’s virtual verification update
Co Written by: Kim Gale and Palak Mahajan Gifts through the Lens of Doherty v. Doherty, Part Two In the first article in this two-part series, we discussed the law regarding gifts in Ontario and how the court in Doherty v. Doherty, 2023 ONSC 1536 (Doherty) reinstated the law on inter vivas gifts. This article delves into the decision itself. Analysis
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