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Login to watch this video if you have a subscription. Learn more about subscriptions.“Thresholds in Estates Law” gives a broad overview of how Ontario law approaches capacity in wills, powers of attorney and guardianships, explaining that different decisions engage different legal tests and formal requirements, and that courts rely on these standards to assess validity, challenges and the removal or appointment of decision makers.
“The Use of Experts in Estates Litigation” explains in general terms how medical and capacity experts help courts understand dementia, cognitive decline and functional ability, especially in retroactive capacity disputes, and outlines in a high level way what makes expert opinion useful, reliable and ethically sound in contested estates matters.
Together, the two programs offer a practical look at how capacity rules and expert evidence work together to shape modern estates litigation and help resolve disputes over wills, powers of attorney and vulnerable adults.
Kathleen McDormand is a partner in the Ottawa office of Borden Ladner Gervais LLP and is the Regional General Manager of the Commercial Litigation Group in Ottawa. Kathleen practises as an estate litigator, commercial litigator and estate mediator in Ontario and Nunavut. She is the Ottawa Regional Leader of Team North. She has extensive experience in all aspects of estate litigation and is a frequent speaker and author on estates-related matters. Kathleen is the chair of the Regional Issues Subcommittee for the Executive of the OBA Trusts and Estates Law Section. Kathleen has completed mediation and leadership programs through Harvard Law School Executive Education and has been appointed as mediator in several estates disputes. Kathleen was selected by peers for inclusion in the 2019 edition of The Best Lawyers in Canada® (Corporate and Commercial Litigation). She was also recognized in the 2018 edition (and since 2017) of The Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning). During the Bar Admission Course, Kathleen received the highest grades in Ottawa and the second highest grades in Ontario. She was awarded the Isadore Levinter Memorial Award, the Law Society’s First Prize, the Edwin George Long, K.C. Memorial Scholarship, the Gowling Lafleur Henderson LLP Prize and the Osgoode Society Prize for Canadian Legal History.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
