Whaley Estate Litigation

Whaley Litigation Newsletter No. 12 March 2012




March 2012 marks the first year anniversary of the production of our Whaley Estate Litigation Newsletter. We gratefully acknowledge the professional assistance and creativity of our website designer and newsletter manager, Ken Raymond of rubbermustard communicationsWe hope you are enjoying the content.

We continue to invite feedback, comments, enquiries and even contributions you wish to share to newsletter@whaleyestatelitigation.com.

Whaley Estate Litigation provides litigation, mediation and dispute resolution services to you, or your clients in the following practice areas: 

  • Will, Estate, Trust Challenges/Interpretations
  • Dependant Support Claims
  • Passing of Estate, Attorney, Guardian and Fiduciary Accounts
  • Capacity Proceedings
  • Guardianships
  • Power of Attorney Disputes
  • Consent and Capacity Board Hearings
  • End of Life Decision Making
  • Treatment Decision Disputes
  • Elder Law
  • Solicitor's Negligence
  • Opinions
  • Agency Services
  • Counsel to Estate Trustee(s) and Estate Trustee(s) During Litigation and other Fiduciaries
Please enjoy,


Kimberly A. Whaley
Whaley Estate Litigation

What's New


This month two significant publications are being released by Carswell featuring chapters written by Kimberly A. Whaley and Amy Cull of Whaley Estate Litigation. Please have a look online at Carswell by clicking the title of the publication.


The first publication: Property Rights and Obligations Under Ontario Family Law


The second publication: Key Development in Estates and Trusts Law

Elder Law News


New Season Transition Services for Seniors


WEL were provided recently with information on the services of a consulting business called "New Season Transition Services for Seniors."


This company is dedicated to helping older adults and their families with the major life change of moving to a new home.  This company owned by Gordon Moir, helps to develop a customized step-by-step 'move' plan. The service assists clients with moves, downsizing, de-cluttering, home organization, and the preparation of homes for sale.  Services also include assistance to Estate Trustees dealing with a home, and its contents as part of the estate administration.


We invite to learn more about New Season at: www.newseasonforseniors.ca


To contact Gordon Moir, owner: gordon@newseasonforseniors.ca



The International Federation of Aging (IFA)


I recently discovered that The International Federation of Aging (IFA) releases a monthly newsletter.  This monthly newsletter is filled with information on international aging initiatives as well as providing resources and tools to navigate Elder Law issues faced by older adults.  


IFA website:  www.ifa-fiv.org


Click here to link to the IFA e-newsletter sign up page.



Terra Nova


In the March newsletter of IFA, I was particularly interested by an article on Terra Nova Films. The link to Terra Nova films is: www.terranova.org


Recently, Terra Nova films developed an online resource: www.videocaregiving.org


I viewed some of the videos on the website and they are very informative and helpful to the public in learning about disease, caregiving and more.


I recommend this website to all those interested in learning more about elder issues, including Alzheimer's disease and caregiving.

Publications Update


Kimberly A. Whaley and Mark Handelman recently spoke at the Osgoode Professional Development, Advising the Elderly Client.


The conference was very informative and well attended. 


Click here to access Mark Handelman's paper on "Substitute Decision-Making: The Statutory Framework"


Click here to access Kimberly A Whaley's paper on "Remarriages and Common Law Arrangements: Estate Claims by Spouses"

Upcoming Programs


LSUC, Six-Minute Lawyer: 

Disputes over what REMAINS: Burial, fights over the ashes, liquification of remains

April 24, 2012

Kimberly A. Whaley, Speaker

Info: http://ecom.lsuc.on.ca/cpd/product.jsp?id=CLE12-0040601#Program


NAELA: Seattle Elder Law Conference: Topics - TBA

April 26-28, 2012,

Kimberly A. Whaley, Speaker



Panel Discussion: Legal and Medical Issues concerning Capacity and Substitute Decision-making

Speaker: Kimberly Whaley, Whaley Estate Litigation,  

Speaker: Ian Hull, Hull & Hull LLP, and

Speaker: Jasmine Sweatman, Sweatman Law


Panel Discussion: Jurisdictional issues related to incapable persons residing/visiting in both the USA and Canada 

Speaker: Archie Rabinowitz, Fraser Milner Casgrain LLP

Speaker: Kimberly Whaley, Whaley Estate Litigation


Cross Border Planning: US Citizens in Canada and Americans with family members in Canada - opportunities and risks. Canadians with property and/or kids in the US, and Canadian Family Estate Planning with US Family Members - Tips and Traps

Speaker - Rachel Blumenfeld, Miller Thomson LLP


Panel Discussion: Emerging International Elder Law Issues and why they matter to you.

Speaker: Jan Goddard, Jan Goddard & Associates.

Speaker: Jane Barratt, International Federation Ageing, and 

Speaker: Laura Watts, Elder Caring Inc.


Panel Discussion:  Following the Money: A Cross Border Case of Fraud and Recovery

Speaker: Peter Schmiedel, Fischel & Kahn, Ltd.; and

Speaker: Heather Mountford, Jan Goddard and Associates


B'Nai Brith - Public Policy: Tataryn Ontario , Summary Trial

June 5, 2012, 

Kimberly A. Whaley, Speaker

Info: http://www.bnaibrith.ca/index.html 


CLC CBA Vancouver, Blended Family Presentation: When Once is not Enough: Predatory Marriages

August 12-14, 2012,

Kimberly A. Whaley, Speaker

Info:  http://www.cba.org/CBA/sections_elder/main/


LSUC: The Administration of Estates 2012

September 13, 2012, Web repeat October 23, 2012

Chair, Kimberly A. Whaley

Newsletter Archive

Past issues of our Newsletter can be viewed on-line by following this link to our Newsletter Archive:


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For more information visit rubbermustard.com or contact Ken Raymond at (416) 576-3650 or via email at kraymond@rubbermustard.com

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This newsletter is intended for the purposes of providing information only and is to be used only for the purposes of guidance.  This newsletter is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive.


Newsletter Contents
What's New
Elder Law News
Publications Update
Upcoming Programs

Quick Links


Contact Info

10 Alcorn Avenue, 

Suite 301
Toronto, ON, M4V 3A9
Tel: (416) 925-7400 
Fax: (416) 925-7464

Kimberly A. Whaley
C.S., TEP.
(416) 355-3250

Mark Handelman
(416) 355-3254

Ameena Sultan
(416) 355-3258


Amy Cull
(416) 355-3256

Deborah Stade
(416) 355-3252

Bibi Minoo
(416) 355-3251

Joanne Brigmantas
(416) 355-3255

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Whaley Estate Litigation