All posts in the ‘Legal Capacity’ category

Physician-Assisted Death – Alberta Decision

On January 15, 2016, the Supreme Court of Canada granted a four-month extension (to June 6, 2016) of the suspension of its declaration in Carter v. Canada (Attorney General), 2015 SCC 5 (“Carter“), that ss. 14 and 241(b) of the Criminal Code are of no force and effect to the extent that they prohibit physician-assisted… View this post »

Does a Person with a Medical Condition Affecting His Mind Have the Mental Capacity to Make a Will?

One of the grounds for challenging the validity of a Will is that the person who made the Will did not have the mental capacity to understand his actions.  With an aging population and higher rates of medical conditions, such as Dementia and Alzheimer’s Disease, which may affect a person’s memory and other mental functions,… View this post »

Alzheimer’s Patient Lost Right-to-Die Despite Expressed Wishes

Today, BC Court of Appeal dismissed the appeal brought by the family of Margaret Anne Bentley, a patient at the final stage of Alzheimer’s disease. My colleague Amy Mortimore posted a blog when the family of Mrs. Bentley commended the lawsuit in August 2013, and Areet Kaila posted a blog when the BC Supreme Court… View this post »