All posts in the ‘Legal Capacity’ category

Searching For a Light

Those of us practicing in Wills and Estates and all other professionals advising upon inheritance issues are very much aware of the  many issues raised by clients afflicted with Alzheimer’s disease. We must be constantly aware of capacity issues when taking instructions and those of us who litigate estate issues often must carefully review medical… View this post »

Unsavoury Death Benefits

One of the general foundational principles of our justice system, is that a perpetrator ought not benefit from his or her crime.  So, for example, someone who murders their spouse will not receive a payout if named as a beneficiary under the  victim’s life insurance policy. Those who have read Lauren Liang’s earlier blog on assisted suicide… View this post »

Physician Assisted Suicide

Section 241(b) of the Criminal Code provides that anyone who aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. Under Section 241(b), physician-assisted suicide is also prohibited. The Supreme Court of British Columbia recently… View this post »