What is undue influence? Undue influence aims to protect individuals from being taken advantage of in a transaction by someone who exerts control over them. The finding allows a court to invalidate documents where the influence of a powerful figure undermines an individual’s ability to make their own decisions. It applies to a wide variety […]
Tag: Guardianship/Power of Attorney
PBP Lawyers is proud to announce that Alex Procope has been ranked in the Private Wealth Disputes – Canada category of Chambers High Net Worth Guide 2023. Chambers and Partners seeks out referees from high net-worth clients and develops rankings based on assessments of the following qualities: Technical legal ability Professional conduct Client service Commercial […]
Earlier this year the World Health Organization (WHO) published its Global Report on Ageism (Report). The Report resonated with me as I and my partners at Perez Bryan Procope LLP routinely work with older people in our practice, which includes capacity law, access to care and benefits, and elder law. In my article “How to […]
Last week I spoke at the Law Society of Ontario’s Annotated Guardianship Application 2021 program, which was co-chaired by Jan Goddard and Ian Wright. My topic was “Representation of a Person Alleged to Be Incapable”. I approached this topic by reviewing this question: If someone who is alleged to be incapable wants to retain you […]
Kelley Bryan and Alex Procope are returning faculty members for the upcoming Osgoode Certificate in Elder Law. This 5-day intensive, live and interactive online program begins on March 31, 2021. It is designed for lawyers, long-term care home personnel, physicians and nurses, law enforcement, social workers and allied health professionals. Kelley will teach on Day […]
As part of Alzheimer’s Awareness Month in January 2021, Alex Procope presented at Right at Home Canada’s webinar Power of Attorney, Guardianship and Substitute Decision Making Basics. Primarily healthcare providers and administrators attended this webinar. Alex discussed the basics of Ontario’s capacity laws and decision-making for people found incapable respecting property management or personal care. […]
Alex Procope Chaired the Ontario Bar Association Program on UN Convention on the Rights of Persons With Disabilities which took place online on November 23, 2020. This was the first OBA program dedicated to the CRPD and it focused on it’s implications and limitations for individuals with cognitive disabilities. The panel included Kerri Joffe from […]
Alex Procope and Kim Whaley from WEL Partners co-chaired the recent Ontario Bar Association program: Your Comprehensive Guide to Section 3 Counsel. PBP Partners Mercedes Perez and Kelley Bryan joined the faculty of several leading capacity practitioners. This was the first full-day professional development program on this important role. Section 3 counsel is appointed for […]
Alex Procope joined Audrey Miller from Elder Caring Inc. and Jane Martin a on a panel discussing Critical Considerations for Older Clients Transferring Real Estate on September 30, 2020. The panel was part of the Ontario Bar Association: Program Utilizing Real Estate Transfers for Estate Planning Purposes. The program was presented jointly by the Real […]
SDA Case Law Update – Can Section 3 Counsel Be Forced to Testify Against Her Own Client On August 6, 2020, the Debono v. Debono endorsement (Superior Court of Justice – Ontario) was released. The proceeding involved an interesting issue: could an adverse party compel evidence from counsel who has been appointed for an allegedly […]