BCLI Forms Project Committee to Investigate Common-Law Tests of Capacity


14 December 2011

By Alison Taylor

14 December 2011—The British Columbia Law Institute is embarking on a two-year project to consider reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship.

“Both the aging of society and advances in neuroscience have made a re-examination of the common-law tests of capacity imperative,” said committee chair Andrew MacKay. “I’m looking forward to working with the BCLI and a project committee made up of some of the leading lights in the field to study how the law can better suit the needs of contemporary British Columbians.”

The members of the project committee are:

Andrew MacKay — Chair
Alexander Holburn Beaudin & Lang LLP
R.C. (Tino) Di Bella
Jawl & Bundon
Russell Getz
Ministry of Attorney General for
British Columbia
Kimberly Kuntz
Bull Housser & Tupper LLP
Roger Lee
Davis LLP
Barbara Lindsay
Alzheimer Society of British Columbia
Catherine Romanko
Public Guardian and Trustee of
British Columbia
Laurie Salvador
Salvador Davis & Co. Notaries Public
Jack Styan
RDSP Resource Centre
Geoffrey White
Geoffrey W. White Law Corporation

This project has been made possible by grants from the Law Foundation of British Columbia and the Notary Foundation of British Columbia.

Two backgrounders providing further details on the project committee and on the legal issues to be considered in the project are available at www.bcli.org.

The British Columbia Law Institute strives to be a leader in law reform by carrying out the best in scholarly law-reform research and writing and the best in outreach relating to law reform.

To view the project page for the Common-Law Tests of Capacity Project Committee, click here.

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Contact: Kevin Zakreski

Staff Lawyer

(604) 827-5336

kzakreski@bcli.org


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