Dignity and autonomy are fundamental rights in Canada. They are rights protected by our Canadian constitution and proclaimed in various laws throughout Canada. The ability to make our own decisions and preserve our independence is the most valuable moral right that we carry as people. This is the steering principle of Emily’s practice as she helps our clients through what can become the most stressful and emotional tasks of their lives.
Emily passionately advocates for clients as they deal with any type of incapacity or estate matter. She assists clients in preparing estate and personal plans, in administering the estates of a deceased and in litigating any matter regarding estates and trusts.
As Chair of our Elder Law group, Emily advocates on behalf of older adults and adults with cognitive impairment. She frequently acts as counsel in matters regarding adult guardianship, the Patients Property Act, the Adult Guardianship Act, and the Mental Health Act. She assists clients in navigating issues of elder abuse, including dealing with the Public Guardian and Trustee, the health authorities, the police, and the courts.
Estate & Trust Litigation Services
|Litigation involving the Wills Variation Act, the Wills, Estates and Succession Act, testamentary capacity, capacity to marry, capacity to make a gift, undue influence, breaches of trust, trust variation applications, unjust enrichment, resulting trusts and proprietary estoppel|
|Injunctions to prevent dissipation of assets|
|Contract and shareholder disputes, including corporate oppression matters, shareholder disputes, rectification of corporate records and mistakes|
Estate Planning & Administration Services
|Estate planning advice regarding wills, power of attorney instruments, representation agreements, nominations of committee, advance directives and trusts (alter ego trusts, joint spousal trusts, inter vivos trusts)|
|Estate administration, including probate, administration and passing of accounts|
|Contested and uncontested committeeship applications and trials|
|Applications regarding whether a person must be forced to undergo involuntary mental capacity assessments|
Emily recognizes the law’s flexibility. She cuts through its complexity by converting its sometimes archaic legal concepts into practical strategies crafted to meet our clients’ goals.
As a sought-after voice in her field, Emily has been asked to prepare and present many seminars on the issues of estates and incapacity, including for the Alzheimer’s Society, the Continuing Legal Education Society of BC and the Canadian Bar Association. She educates other practitioners on planning, administrating and litigating estate matters. In particular, she worked with the Alzheimer’s Society to develop and present a seminar on working with clients with incapacity issues and protecting the rights of vulnerable adults.
Emily continues to provide service back to the community. She regularly volunteers to prepare wills and personal planning documents for low-income seniors. She provides free educational seminars regarding estates and incapacity to help foster the dignity and autonomy that all adults deserve.