April 25, 2016
BY Kevin Zakreski
BCLI’s Common-Law Tests of Capacity Project was featured on a recent episode of Vancouver Co-op Radio’s program Common Law Radio.
BCLI staff lawyer Kevin Zakreski appeared on the program to discuss the current law on mental capacity and the project’s recommendations for reform.
The episode is available online on the Common Law Radio website and as a podcast at iTunes.
BCLI’s Common-Law Tests of Capacity Project was featured on a recent episode of Vancouver Co-op Radio’s program Common Law Radio.
BCLI staff lawyer Kevin Zakreski appeared on the program to discuss the current law on mental capacity and the project’s recommendations for reform.
The episode is available online on the Common Law Radio website and as a podcast at iTunes.
Shauna joined the British Columbia Law Institute in October 2018.
She earned her degree in law from Letterkenny IT, located in Ireland. Shauna moved to Canada from Ireland in 2015 and has made Vancouver her home.
In her spare time, Shauna likes to balance isolation and socialising so can either be found wandering in a forest or listening to live music with friends.
Taja De Silva was born in Kitimat, BC, and raised in Burnaby. She completed her B.A in Religious Studies from McGill University in 2022. Currently, Taja is thrilled to be involved in the creation of plain language educational resources about the law and loves being able to work on a variety of BCLI and CCEL projects. She brings with her a passion for accessible language, a love for people, and experience from working at Legal Aid BC and the Law Society of BC. Taja also volunteers as a Crisis Responder at the BC Crisis Centre. In her free time, Taja loves to draw, ski, and catch up with friends as she flip-flops on whether to pursue law or art as a future career path.
Margaret Mason, KC, is Of Counsel with Norton Rose Fulbright Canada LLP. Her work spans a broad range of issues which affect charities and not-for-profits including tax exempt status, governance, political activities and social enterprise.
Margaret also advises donors with respect to their philanthropic planning and has extensive experience with trust and estate related matters including all aspects of estate planning and the administration of estates and trusts, both within Canada and elsewhere.
Margaret was appointed by the Law Society of British Columbia to the BCLI Board of Directors from 2015 to 2021. During that time she was Treasurer from 2018 to 2021. She has contributed to many BCLI projects, serving as Chair of BCLI’s Society Act Reform Project; a member of the Pension Division Review Project Committee and a member of Modernization of the Trustee Act Project Committee.
Margaret is the Immediate Past Chair of Imagine Canada and is the Past-Chair of the Canadian Sport Institute Pacific, Past-Chair of the National Charities and Not-for-Profit Law section of the Canadian Bar Association and a former member of the CRA Charities Directorate’s Technical Issues Working Group. She was appointed Queen’s Counsel in 2017.
Called to the bar in 2010, Brian Dybwad has worked in the areas of criminal defence, family law, child protection and Director’s Counsel for the Family Maintenance Enforcement Program. He has dedicated his career to the protection of vulnerable people, as the managing lawyer for the Parents Legal Centre in Campbell River focusing on Child Protection through Collaborative Practice from Port Alberni to Port Hardy; as a Fellow for CanAge, Canada’s National Seniors’ Advocacy Organization; and as a Member at Large of the British Columbia Law Institute. Currently, Brian is the Manager, Indigenous Services (Term) for Legal Aid BC.
Brian was elected as a Bencher for the Law Society of BC for 2022-2023.
Brian is a member and Hereditary Chief of the Tsetsaut Gitxsan Nation, and is passionate about issues of diversity, lawyers’ mental health, reconciliation and good governance. He has served as President of the Campbell River Bar Association for three terms. Brian has also presented on various topics to the National Family Law Conference, Continuing Legal Education and Elder Abuse Prevention Ontario, and volunteered on an Indigenous Courts’ committee and working group.
Brian coaches rugby for the Campbell River Athletic Association. He enjoys listening to and playing music (multiple instruments) and spending time with family.
Filip de Sagher was born and raised in Belgium where he got his Master of Laws and Master in Business Economics. Since 2001 he practices as a Notary Public with Deprez & Associates in Point Grey Vancouver with a focus on residential real estate conveyancing. He served as Director on the Board of the Society of Notaries Public of BC for many years and is currently Manager of Complaints for the Society of Notaries Public. He is a regular contributor to The Scrivener, the BC Notaries magazine.
Professor Howell brings expertise in the areas of intellectual property law, education, research, finance and inter-disciplinary teams.
Professor Howell joined the Faculty of Law as Assistant Professor in 1980 and was promoted to Professor in 1993. From 1977 to 1979, he was a part-time tutor at Victoria University of Wellington, and he was a Teaching Fellow at the University of Illinois from 1979 to 1980. Professor Howell was co-director of the International Intellectual Property Summer Program from 2002-2007 and he currently teaches Property, Intellectual Property, Private International Law (Conflict of Laws) and Managing Intellectual Property. Some of these courses involve consideration of telecommunications and Internet-related law.
His research interests include intellectual property, technology, telecommunications, private international law, and Asia-Pacific issues. He has published extensively, including his book Canadian Telecommunications Law: Dimensions in a Digital Age, Irwin Law Inc. (2011), and has organized national and international conferences and seminars.
Joost Blom is Professor Emeritus of Law at UBC. He took his LLB at UBC, a BCL at Oxford, and an LLM at Harvard.
He joined the UBC Law Faculty in 1972, was Dean from 1997 to 2003, and retired in 2017. His teaching subjects are private international law, contracts, torts, and intellectual property, and he has published widely in those areas. He has held visiting academic positions at the University of Victoria, Osgoode Hall Law School, the University of Melbourne Law School and the University of Trier (Germany).
Prof. Blom was awarded a K.C. in 1985 (British Columbia), served as an elected bencher of the Law Society of BC from 2004 to 2011, and is now a Life Bencher. He is also a membre titulaire of the International Academy of Comparative Law. He served as Director of the BC Law Institute from 2007 to 2017, and was Chair from 2015 to 2017. He also chaired the Project Committee on BCLI’s study of Unfair Contracts Relief, the final report of which was published in 2011.
Julia is the senior research lawyer and a partner at Nathanson Schachter & Thompson LLP, where she has practiced law since 1999. Prior to joining NST she clerked at the BC Supreme Court, articled, and worked for a short time as an associate at a large downtown Vancouver law firm. Her practice includes research and writing in all areas of corporate and commercial law as well as administrative law, estates, procedural and securities matters. Her role has included a law firm management component since 2014 and she has been a partner since 2006. Julia is the author of two chapters of Government Liability Law and Practice, Horsman & Morley, eds (Carswell: Looseleaf ed). She sits on the Governance Committee of the Mulgrave Independent School Society, and is the mother of four children.
Edward Wilson is a partner with the Vancouver law firm Lawson Lundell LLP. Ed practices in the real estate and municipal law fields with a specialty in real estate development.
Working closely with sellers, buyers, and developers, Ed is a trusted advisor in connection with property and development projects spanning a wide variety of commercial, residential, industrial, resort and financing matters. Ed also provides advice on environmental matters in connection with real property.
Ed is one of the leading experts on strata corporation windups having completed a number of strata corporation windups as well as the first court approved windup in B.C. Ed has been an active member of a number of committees over the years proposing changes to strata property law, including the BC Law Institute’s committee that recommended changes to the Strata Property Act that allows for more the flexible rules facilitating windups.
Mark Gillen has been a professor at the Faculty of Law, University of Victoria since 1987. He has taught Securities Regulation, Business Associations, Trusts, Tax, Competition Law, Contracts, and Historical Foundations of the Common Law. His primary areas of research are securities law, trusts and corporate law. He has been a visiting professor at Chulalongkorn University, Bangkok every year except one since 1999.
He is the author of Securities Regulation in Canada, 4th ed. (Thomson Reuters, 2019) and of Corporations and Partnerships: Canada (Kluwer, 1992 with many subsequent revisions to 2018). He is co-author with Donovan Waters and Lionel Smith of Waters’ Law of Trusts in Canada, 5th ed. (Thomson Reuters, 2021). He is also a co-author of Business Organizations: Practice, Theory and Emerging Challenges, 2d ed. (Emond Montgomery, 2018) and of The Law of Trusts: A Contextual Approach, 4th ed. (Emond Montgomery, 2021).
Tejas Bahaar Virdi Madhur practices aboriginal law at JFK Law Corporation. She assists Indigenous peoples in exercising the right to self-determination, including through good governance and intergovernmental relations.
Tejas has worked in legislative development and drafting since the start of her legal career. She previously worked as Legislative Counsel for the Government of Nunavut, and as Legal Counsel at Tsawwassen First Nation.
Tejas obtained her Juris Doctor from Dalhousie University, and completed her articles with the Government of Nova Scotia. She was called to the Nova Scotia bar in 2014, and the Nunavut and British Columbia bars in 2015.
Timothy Outerbridge has served as the Registrar of the BC Court of Appeal since 2014. In that capacity, he performs both judicial and quasi-judicial functions, including conducting registrar’s hearings, assessments and other matters set out by statute or the Rules of Court or referred by a judge of the Court of Appeal. He manages the Office of the Registrar providing legal, technical and procedural direction to the Registry and its staff and also assists the Court in matters related to the management of its workload, including overseeing its case management system and the development of new technologies.
Miriam Kresivo, Q.C. is a retired lawyer who has had a high profile role in the energy sector and the legal profession.
Ms. Kresivo is currently a Commissioner of the B.C. Utilities Commission. She was General Counsel of Chevron Canada Limited, Products Division, for many years. In that role she was head of a legal department handling complex legal issues and she had a role on the Executive Committee focused on business issues.
Ms. Kresivo has been very active in the legal community. She was President (2018), Vice President and a board member of the Law Society of B.C – and chaired the Executive Committee, the Governance Committee and the Finance Committee. Prior to that she was the Secretary/Treasurer of the Vancouver Bar association.
In addition to her role in the legal community, Ms. Kresivo has been a volunteer in the community. She was a member of the board of the B.C. Pavilion Corporation (the operator of the Convention Centre and BC Place) for approximately 12 years and a member of the Vancouver Writers’ Festival board.
Mat Good practices class actions and complex commercial litigation with Good Barrister in Vancouver. He has particular experience with plaintiff-side actions in the areas of consumer protection, tort law, antitrust and competition law. He is the co-author of Class Actions in Canada, 2d ed. He clerked for the B.C. Court of Appeal and the Chief Justice of Canada. He formerly taught statutory interpretation at the law schools at the Universities of British Columbia and Victoria.
Dr. Toby Susan Goldbach is an Assistant Professor of Law at the University of British Columbia, Peter A. Allard School of Law. She received her BA from McGill University, her JD and an LLM specializing in Dispute Resolution from Osgoode Hall Law School, and her doctoral degree from Cornell University Law School, where she was the Rudolf B. Schlesinger Fellow in International and Comparative Law. Dr. Goldbach’s research and teaching interests sit at the intersection of dispute resolution and legal procedure, comparative law, and legal anthropology.
Dr. Goldbach’s research is informed by her experience serving as Senior Law Clerk to Chief Justice Patrick LeSage at the Superior Court of Justice (Ontario) and as a lawyer at the Ministry of the Attorney General (Ontario) Civil Justice Policy and Reform branch. Her writing also relies on research conducted at the World Bank’s Law, Justice and Development Week; meetings of the International Organization for Judicial Training; the opening ceremonies for the Aboriginal Conference Settlement Suites and consolidated courthouse in Thunder Bay, Ontario; and field research at the Supreme Court of Israel. Her research has been published in Law and Social Inquiry, the Annual Review of Law and Social Science, and the Indiana Journal for Global Legal Studies. Dr. Goldbach is co-chair of the Law and Society Association collaborative research network on Innovations in Judging.
Mona Muker is an Adjudicator with the BC Employment Standards Tribunal and WorkSafeBC’s Review Division. She adjudicates appeals of decisions made by the BC Employment Standards Branch and the Workers Compensation Board of BC. Previously, Mona was a Staff Lawyer & Tribunals Program Manager with Access Pro Bono Society of BC. Mona actively contributes to the legal community. She serves the Canadian Bar Association, BC Branch as the Chair of its Legislation & Law Reform Committee, and as a member of its Provincial Council.
James Deitch is an Alternate Chair for the British Columbia Review Board. Previously, he was the Executive Director of Criminal Justice and Legal Access Policy Division of the Justice Services Branch (JSB), the Director of Criminal Justice Transformation Projects for the Criminal Justice Reform Secretariat, and worked in management with the Legal Services Society. He was also a practicing lawyer in the areas of administrative and criminal law, and in 2011, was appointed to the Forensic Psychiatric Services Commission. Mr. Deitch holds his Bachelor of Arts (Honours) in History from Glendon College, his Bachelor of Laws from Queen’s University, and his Master of Laws from the Osgoode Hall Law School. He articled in Toronto in 1983 and was called to the Bar in Ontario in April 1984 and transferred to the BC Bar in May 1999. He is also a member of the Board of the Cognitive Behaviour Therapy Skills Society.
Stacey is a member of the Tahltan Nation. She has been an Indigenous rights lawyer for more than twenty years, working with Nations to protect and advance the full enjoyment of their inherent, constitutional and human rights. Stacey is dedicated to achieving social and legal justice – and Indigenous cultural, social and economic well-being – through the revitalization and development of Indigenous laws, strong governance, strategic negotiations, and legislative and policy reform. This work includes collaborating to align Crown laws and policies with international human rights standards, and to develop new approaches and mechanisms in support of legal pluralism. In addition to her practice, Stacey is a member of her family governance structure participating in the Tahltan Central Government, in support of the exercise of Tahltan title and rights in unceded Tahltan territory.
Stacey’s place of work is within the traditional and unceded territory of the Sḵwx̱wú7mesh (Squamish Nation) and place of residence is within the traditional and unceded territory of the kʷikʷəƛ̓əm (Kwikwetlem Nation).
Ryan is an Associate Professor at Thompson Rivers University’s Faculty of Law. His research focuses on issues of international sports law and sports governance. In particular, Ryan examines the violations of human rights in Olympic Games host cities, as well as comparative approaches to North American and European Sports regulation. He has taught Tort Law, Sports Law, International Law, Employment Law, Human Rights Law, and Legislation, Administration & Policy. Ryan is also the coach of the Jessup International Law Moot team.
Emily is a partner at Clark Wilson LLP. Emily has focused her legal career on all aspects of estates, trusts and incapacity matters. She advocates for clients in contested litigation matters. She assists clients in preparing estate, trust and incapacity planning documents. She works with clients regarding the administration of estates through probate. Emily is known to be a dedicated and passionate advocate, particularly regarding the complex issues that arise regarding mental capacity.
Marian K. Brown is a sole practitioner conducting criminal appeals for both the Crown and the Defence. She has practiced as a senior prosecutor, as Defence counsel, and as founding counsel for the Independent Investigations Office of BC.
Marian is a member of the Canadian Bar Association National Policy Committee and previously the CBA Legislation and Law Reform Committee, reviewing legislation and policy in every area of law, with particular input on search and seizure of data, self-defence, and medical assistance in dying. She also served on many other CBA committees; on the Vancouver Planning Commission and Heritage Commission; and on the boards of various non-profit organizations. She has been an adjunct instructor of full courses in Evidence at the University of Victoria and at the Allard (UBC) faculty of law, and is Vice-Chair of the Board of Ingenium, the national museums of science and technology.
Sara has a background in law and gerontology. Sara completed her master’s degree in law at York University, and obtained her JD from the University of Victoria. At SFU Sara completed a minor in Gerontology and an Honours in Psychology.
Sara’s LLM thesis was a comparative analysis of supports for caregivers of the elderly in Canada and Australia using a feminist lens. During her JD and LLM Sara’s writing focused on health care consent and informal caregivers of the elderly. In her undergraduate Sara conducted quantitative research on memory for repeated events. At CCEL Sara has conducted research on elder abuse and supporting decision-making for people living with dementia. In her spare time Sara enjoys writing fiction, playing the piano, running, and figure skating.
Ellen is a BCL/JD Candidate at McGill University’s Faculty of Law. Prior to law school, she completed a Bachelor of Journalism and Humanities at Carleton University, where she put her love for storytelling at the forefront and produced investigative content on issues including race, gender, and accessibility in society.
As a law student, Ellen has been engaged in public interest work and human rights advocacy. She has previously worked and interned for organizations such Human Rights Watch, the Centre for Research Action on Race Relations, and Forum for Human Rights on topics including disability rights and climate justice.
Megan Vis-Dunbar grew up in Vancouver, attended law school at McGill University and then returned to BC where she was called to the Bar in 2009.
Megan has over 10 years of experience practicing in the areas of criminal and constitutional law. Prior to joining BCLI, Megan worked with the Courthouse Libraries BC where she coordinated the legal community training program.
Alison Wilkinson is a staff lawyer for the British Columbia Law Institute and the Canadian Centre for Elder Law.
Alison was born and raised in Kamloops, BC, in the heart of the interior. She obtained her B.A. in Psychology from the University of Victoria, and her J.D. from the University of British Columbia. She articled in Calgary, and thus was called to the Alberta Bar in 2013 and the British Columbia Bar in 2014.
After returning to BC, Alison took a position as in house counsel with a small business. This role provided for a unique prospective on the law and how it impacts end users. During this time, Alison also took the opportunity to obtain training in arbitration, mediation and coaching. Additionally, Alison had the pleasure of acting as a sessional instructor on dispute resolution for the Faculty of Business at Thompson Rivers University. Following this, Alison worked as a family law lawyer with a firm in Kamloops.
In her free time, Alison enjoys boating, skiing and playing the piano.
Kevin Zakreski grew up in Saskatoon and moved to Vancouver to attend law school. He graduated from UBC Law School and was called to the BC Bar in 2001.
He articled and practised with Chow and Company in downtown Vancouver in the area of corporate/commercial law. He then joined the BC Law Institute in 2003 as a staff lawyer. Kevin has worked on a number of law reform projects for both the BCLI and the Canadian Centre for Elder Law. These projects address topics in the law of real property, contracts, not-for-profit organizations, and evidence, as well as wills-and-estates law and family law. Kevin has also participated in a number of projects with the Uniform Law Conference of Canada. In his spare time, he is an avid marathon runner.
Greg Blue holds a B.A. (Hons.) from the University of Saskatchewan, an LL.B. from the University of Victoria, and an LL.M. from the University of Toronto. He was called to the Saskatchewan Bar in 1981 and to the BC Bar in 1986.
He articled and practised law with MacPherson, Leslie & Tyerman in Regina, Sask. 1980-82, then served in the Constitutional Law Branch, Ministry of Justice (Sask.) and as departmental solicitor to the Department of Energy and Mines (Sask.) 1982-87. Following this, he practised law with Halyk Brent Dovell in Saskatoon, Sask. from 1987-89.
He was a Legal Research Officer to the Law Reform Commission of British Columbia from 1989-1997 and later practised maritime law with McEwen, Schmitt & Co., Vancouver from 1997-2003.
Greg Blue was the principal staff lawyer responsible for the Succession Law Reform Project, the Probate Rules Reform project, the Report on the Privacy Act and numerous other projects. He also served as reporter to the Trustee Act Modernization Committee. He was a Co-Chair of the CBABC Legislation and Law Reform Committee in 1997-98 and its Chair in 1998-99. He is the author of the Annotated British Columbia Mineral Tenure Act (Vancouver: Western Legal Publications, 1998 and Aurora: Canada Law Book, 2nd ed. 2010.). He was appointed King’s Counsel in 2009.
Prior to joining BCLI as Executive Director in 2020, Karen spent 20 years working as a lawyer and an advocate in the public interest, primarily in environmental and natural resources law. She has held senior positions at Ecojustice Canada, the Pembina Institute and West Coast Environmental Law.
Her expertise includes energy, mining, climate and environmental assessment law. She has worked to ensure accountability on important resource matters including interprovincial pipelines, fossil fuel developments and mining issues across BC, appearing before the BC Supreme Court, Federal Courts, the National Energy Board and the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River. Karen has also worked on behalf Indigenous nations and communities directly affected by resource developments in BC, and particularly across northern BC, including BC’s northeast. More recently, she was a member of the 2017 BC Environmental Assessment Advisory Committee, which advised the Minister of the Environment and Climate Change on options for reforming BC’s environmental assessment process.
Karen worked with the Ontario Ministry of the Environment advising on policy and legislation before moving to BC in 1998. She obtained her BA from the University of Western Ontario, a JD from Dalhousie University, and her LL.M., with distinction, in International Environmental Law from the University of London.
Krista’s work is focused on:
She spends her time:
Krista has written on topics such as:
Krista is interested in how gender and other aspects of identity impact aging. She encourages approaches to aging policy that recognize the citizenship rights of older people and reject systemic ageism.
Krista graduated from UBC Law School in 1997 and was called to the BC Bar in 1998. Before joining the CCEL, she practiced labour law with a focus on human rights and disability issues. Over the years Krista has worked with women’s centres and various non-profit community organizations serving low-income people in BC. She has worked as a legal advocate and a victim assistance worker.
In 2004 Krista took a break from law to study art, film and video at Emily Carr University. Krista is a crafter, gardener, yogini and mother.
Alec is the Communications Manager at the British Columbia Law Institute. He’s been a part of the BCLI team since July 2021. He holds a B.A. & M.A. in Sociology from McGill University with a concentration in development. His academic research is primarily focused on immigration and social stratification. Alec was the Editor-in-Chief of the McGill International Review and is currently a Reporting Fellow with the Pulitzer Center on Crisis Reporting.
Alec moved to Canada from the Philippines in 2016. In his spare time, he enjoys basketball, video games, and relaxing at home with his cat.
Simon joined the BCLI in April 2022 as the staff lawyer responsible for the Reconciling Crown Legal Frameworks program. He earned his law degree from the University of Victoria and his Master of Laws from the University of British Columbia, and was called to the bars of British Columbia and Ontario in 2006. As a criminal defence and Aboriginal rights lawyer based in the Nishnawbe-Aski Nation, Simon represented clients from remote communities and at all levels of court in Ontario. From 2015-2021, he was Senior Researcher with the Indigenous Law Research Unit at the University of Victoria.
With ILRU, Simon worked with community-guided legal revitalization projects in a wide range of areas of law and legal traditions, including Secwépemc (territorial governance and citizenship); syilx, Nlaka’pamux, Tsilhqot’in and Cowichan (water governance), Sm’algyax-speaking/Tsimshian (inter-nation cooperation and conflict resolution), Anishinaabeg (family-centred governance and responses to harm), Coast Salish (child/caregiver safety), Tr’ondëk Hwëch’in (land-centred human rights), and Dene, Dane-zaa, Cree and Saulteaux (land and treaty relationships). He also contributed to legal education in the public and law school through teaching, workshops, and writing.
Simon gratefully makes his home on Lək̓ʷəŋən and W̱SÁNEĆ territories, where he is helping to raise three daughters and a dog.
Jess is working on the Engaging People Living with Dementia Project as an independent contractor with BCLI. She is a social worker by training with a background in international non-profits and health care. Jess continues to practice social work with seniors in Fraser Health alongside her coordinator role. Jess has her Master of Social Work from UBC and her Bachelor of Social Work from UFV. Her research has been presented at the local, national, and international level.
Jess believes in the worth of each person and in their right to make choices about their lives. She is passionate about creating safe spaces to hear people’s lived experience. You will find her facilitating groups, dialogues, and workshops. She has also worked on creative projects with people living with dementia.
Jess lives on farmland with her husband where she delights in feeding birds and growing dahlias.
