October 2, 2017

Mental Capacity, Consent, and Guardianship in BC and Canada: Get your Legal Update at the 2017 Canadian Elder Law Conference

Does your practice deal with mental capacity, consent or guardianship? If so, this year’s elder law conference is shaping up to be the event of the season for getting your update on the law. For some of you, consent and capacity are intrinsic to the bulk of your work. If Read more…

March 7, 2017

A look back at recommendations on mental capacity and retaining legal counsel

It’s been just over a month since the BC Branch of the Canadian Bar Association published its Agenda for Justice 2017. The agenda explicitly called for the implementation of four BCLI reports. But aspects of the agenda may have an implicit bearing on past BCLI work. For example, the agenda proposes Read more…

April 25, 2016

Common-Law Tests of Capacity Project featured on Common Law Radio

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 Read more…

September 24, 2013

BCLI Calls for Reforms to Law of Mental Capacity

In its just-published Report on Common-Law Tests of Capacity the British Columbia Law Institute is recommending several reforms to how the law determines whether a person has the mental capacity to carry out a given transaction and to some of the consequences that flow from a finding that a person Read more…

February 22, 2013

BCLI Asks for Public Input on Tests of Mental Capacity

Vancouver, 22 February 2013—Today the British Columbia Law Institute has published its Consultation Paper on Common-Law Tests of Capacity. The consultation paper examines legislative 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.