There are many circumstances where a committee appointed to look after the affairs of a mentally incompetent patient may need to access the contents of a patient’s file materials from a lawyer. The cases of Derlago v Derlago, (1994) 93 BCLR (2d) 307, 2ETR (2d) 315 and Re: Elsie Jones, 2009 BCSC 1306, at paras 12-13, clarifies that the authority to make decisions regarding a patient’s property, including legal files, extends to the committee.
Our firm, Sabey Rule LLP, is looking for a junior associate lawyer, interested in practicing primarily as a solicitor in the areas of real estate, estate planning and administration, and business law, to join our firm.
Mr. A.B. had serious medical problems throughout his life. He and his wife, K.L.W., wished to have children. He arranged to have his sperm stored by Genesis Fertility Centre, so that his wife could use his reproductive material to conceive a child. He wanted her to be able to do so after his death. Read More
I have the honour of being included in the faculty for a course on Capacity and Influence, which will be held in both Edmonton and Calgary, presented by the Legal Education Society of Alberta. Read More
I have often suggested to clients with children or other intended beneficiaries of their estates with disabilities that they consider creating discretionary trusts for the beneficiary with a disability if the beneficiary is eligible for British Columbia benefits for persons with disability. Read More
Court of Appeal Overturns Trial Decision in McKendry v. McKendry
The presumption of resulting trust is a presumption of law that applies when one person gratuitously transfers property to another. Read More
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