This webinar will provide an introduction to, and overview of, the prevalence and consequences of 'predatory marriages' in Canada, how such marriages affect vulnerable and incapable older adults, and common law principles affecting this emerging issue.
Predatory marriages result when an unscrupulous opportunist, who, purely for financial gain, marries a person with limited or compromised capacity or cognition. Predatory marriages are a form of exploitation and abuse of older adults. These marriages occur when one party to the marriage is incapable of understanding, appreciating, and formulating a choice to marry. Given that marriage brings with it a wide range of property and financial entitlements, perpetrators of such marriages have much to gain and the vulnerable older adults have much to lose when preyed upon in this fashion.
This webinar will help attendees identify and recognize signs of potential 'predatory marriages' and will provide attendees with an overview of the current and past case law as well as legislation affecting such marriages and the requisite capacity to marry in Canada.
Topics will include:
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Introduction to Predatory Marriages
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Marriage and Property Law
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Capacity to Marry
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Recent and past Predatory Marriages Case Law and Relevant Legislation
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Note on Costs in Capacity Proceedings
Presenters
Kimberly A. Whaley is the principal of the law firm, Whaley Estate Litigation. She practices exclusively in the areas of Estate, Trust, Capacity, Fiduciary and Power of Attorney Litigation and Mediation. Kimberly has been designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada.
Kimberly has been peer rated and listed by The Best Lawyers in Canada in the specialty of Estates and Trusts (2009, 2010), and by Lawday Leading Lawyers as one of the top 60 leading lawyers in Estates and Trusts for the year 2009.
Kimberly is Past-Chair of the OBA Trusts & Estates Executive and is a frequent lecturer and contributor to the Law Society of Upper Canada and Ontario Bar Association Continuing Legal Education programs.
Kimberly co-authored Capacity to Marry and the Estate Plan (Canada Law Book 2010) and is a contributor to the yearly Canada Law Book publication "Key Developments in Estates and Trusts Law in Ontario".
Albert H. Oosterhoff, LL.B. 1964 (UWO), B.A. (UWO) 1968, LL.M. (Toronto) 1970, is a professor emeritus at the Faculty of Law, The University of Western Ontario and has served as Associate Dean (Student Affairs), Associate Dean (Administration), Associate Dean (Academic), and Acting Dean. He was called to the Ontario Bar in 1966. His teaching and research interests are concentrated in the law of Property, Trusts, and Wills, and he has published widely in those areas in books and law review articles. He has served an associate editor of the Dominion Law Reports, the Canadian Criminal Cases, and the Ontario Reports, and as editor-in-chief of the Estates and Trusts Journal. He is the author of Oosterhoff on Trusts: Text, Commentary and Materials, 7th Edition (2011), also published by Carswell.
This program can be applied for CPD credit across Canada.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
