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MOST RECENT POSTS
- Updated ‘Capacity Checklist in Estate Planning Context’
- Paper: Disputes Over What Remains – Bodies, Burial, Ashes and New Developments
- California Class Action Addresses Treatment Decision Making
- Event: B’Nai Brith – Public Policy: Tataryn Ontario, Summary Trial
- The Economist on Digital Assets and Estates: A Global Issue
- Globe and Mail: Government Fights Dhingra Insurance Payout
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Events
Event: B’Nai Brith – Public Policy: Tataryn Ontario, Summary Trial
B’Nai Brith – Public Policy: Tataryn Ontario , Summary Trial
June 5, 2012
Kimberly A. Whaley, Speaker
Click for Info

Posted in Events, Uncategorized
NAELA Annual Conference: Seattle, April 26-28, 2012

The NAELA Annual Conference will be held in Seattle, Washington April 26-28. It will provide professionals an opportunity to learn, network, and engage with other lawyers within the elder law field.
More than 250 professionals from the USA and Canada will converge to learn from cutting-edge Continuing Legal Education programs designed to showcase latest developments in an elder law practice.
Canadian Speakers Include:
Archie Rabinowitz, Fraser Milner
Kimberly A. Whaley, Whaley Estate Litigation
Panel Discussion: Jurisdictional issues related to incapable persons residing/visiting in both the USA and Canada:
- Identifying legislative differences
- Guardians, Attorneys and Cross-border Issues
- Conflicts of Law
- Addressing issues where an incapable person has assets—both in the US and in Canada
- What happens when powers are abused and the incapable person is at risk?
- In what forum does resolution take place? [ie. US resident (who is a Canadian Citizen) taken to Canada and not returned to jurisdiction of residency.]
Ian Hull, Hull & Hull LLP
Jasmine Sweatman, Sweatman Law
Kimberly A. Whaley, Whaley Estate Litigation
Panel Discussion: Legal and Medical Issues concerning Capacity and Substitute Decision-making:
- What is Capacity vs. Incapacity?
- What type of decisional capacity concerns prevail and are relevant?
- Ascertaining capacity:
- When is it necessary?
- What are the implications, both for the person and process of the findings of Assessors?
- Qualifications of Assessors
- Policy concerns
- Common International difficulties and models of resolution
- What works and what does not?
- What happens in Canadian Provinces regarding capacity and substitute decision-making
Rachel Blumenfeld, Miller Thompson LLP
Cross Border Planning: US Citizens in Canada and Americans with family members in Canada — opportunities and risks. Canadians with property and/or kids in the US; and Canadian Family Estate Planning with US Family Members — Tips and Traps.
Jan Goddard, Jan Goddard and Associates
Laura Watts, Elder Concepts
Panel Discussion: Introduction to International Elder Law
- Focusing on Canada, this session will address:
- The Canadian elder law landscape
- Practical tips and planning traps
- Emerging international elder law issues
Peter Schmiedel, Fischel & Kahn, Ltd.
Heather Mountford, Jan Goddard and Associates
Panel Discussion: Following the Money: A Cross Border Case of Fraud and Recovery.
This session will discuss:
- How counsel from different jurisdictions can assist each other in the pursuit of remedies on behalf of mutual cognitively impaired clients;
- Issues arising in the enforcement of a foreign judgment in Canada; and
- A case study of Henry v. Zawierucha et al. — an example of the legal remedies available to protect cognitively impaired adults from exploitation in Illinois, and the legal remedies utilized in Ontario to enforce the Illinois judgment.
The NAELA conference will also provide opportunities to network with other lawyers and with exhibitors showcasing the latest products and services.
NAELA is dedicating the entire day of April 25, 2012 for a Basics Workshop tailored to provide an understanding of Elder and Special Needs Law. This workshop will be open to any Elder and Special Needs Law professional.
Posted in Events
CBA Continuing Legal Education Conference: Vancouver, August 12 to 14, 2012
Kimberly A. Whaley will be assisting in the administration and attending the Canadian Bar Association Continuing Legal Education Conference next summer in Vancouver, BC, August 12 to 14, 2012. Further details will be posted here when available.
Posted in Events
Tagged CBA, Kimberly A. Whaley
Event Details for May 16 CLE for Lawyers & Accountants
Kimberly is participating in the upcoming CLE for Lawyers & Accountants; Financial Predators and the Elderly –Banton vs. Banton in a Mock Court Format.
CLE for Lawyers & Accountants Event Flyer
Related article on Shalomtoronto.ca website (in Hebrew)
Monday, May 16, 2011
Shaarei Shomayim Synagogue
470 Glencairn Ave, Toronto
Buffet Breakfast: 7:30 am
Program: 8:00 am – 11:00 am
Cost $36
To register, please contact Hyla Reichmann at: 416-633-6224 x128
or email at hreichmann@bnaibrith.ca
This program can be applied towards the annual continuing professional development hours required by the Law Society of Upper Canada
Posted in Events
Tagged Kimberly A. Whaley
The Six-Minute Estates Lawyer — April 27, 2011
Kimberly A. Whaley is presenting at this April’s LSUC Six-Minutes Estates Lawyer on the subject of Predatory Marriages.
This annual, information-packed program provides a concise overview of pivotal cases and recent developments in estates law. Speakers will discuss estates and trusts issues from both a planning and estate litigation perspective.
Date and Time:
Wednesday, April 27, 2011
9:00 AM – 12:00 PM
Chair(s):
Hilary E. Laidlaw, C.S., McCarthy Tetrault LLP
Timothy G. Youdan, Davies Ward Phillips & Vineberg LLP
Program Level:
Intermediate
Attend Live in Toronto at Osgoode Hall
Donald Lamont Learning Centre
The Law Society of Upper Canada
130 Queen Street West
Toronto, Ontario
or
View the Live Webcast from the convenience of your home or office computer
Link to program information site
Link to printable program brochure
Posted in Events
Tagged Kimberly A. Whaley, LSUC, Six Minute Lawyer
Whaley Estate Litigation Office Warming Party
On Thursday, February 25, 2010 Whaley Estate Litigation threw a party to celebrate the opening of its new office. Many friends and colleagues were in attendance and a good time was had by all. Please enjoy some pictures from the evening and follow the link below for more from Precedent Magazine who covered the event.
Posted in Events, News
Tagged Office Warming, Photos





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