Aging Clients, Capacity, & Autonomy: Essential Tools for Today’s Practice

The CBA is a professional organization that provides educational and networking opportunities for lawyers. Representing more than 36,000 lawyers, judges, notaries, law teachers, and law students from across Canada, the CBA is committed to enhancing the professional and commercial interests of a diverse membership and to protecting the independence of the judiciary and the Bar.

Raman Johal is a partner and co-leader of Gowling WLG's Commercial Litigation Practice Group in Canada. Her practice focuses on a wide range of estates, insurance, and commercial issues. Raman is sought after for her significant legal experience in complicated and contentious estates. Her estates experience includes incapacity and undue influence issues; wills variation claims; division of property matters; removal of executors; adult guardianship and committeeships applications; administration disputes and elder abuse including predatory relationships. Raman is well-versed in estate planning and administration under the Indian Act and has been involved in the IAP process under the Indian Residential Schools Settlement Agreement. Raman is highly active within Canada's estates community. She is the past chair of the CBA Wills & Trusts Vancouver subsection, and has contributed to the Continuing Legal Education Society of British Columbia Estate Planning and Wealth Preservation Manual, the BC Probate and Estate Administration Practice Manual and Estate Disputes in British Columbia and the Canadian Association of Gift Planner's Executors' Guide. She is also a past director on the board of the Alzheimer’s Society of BC and former director for Coast Mental Health Foundation. With respect to insurance matters, she creates strategies with clients to effectively manage risks for insureds and insurers related to liability, property and coverage claims under commercial liability, motor vehicle and homeowner policies. In particular, she focuses on fraud and class actions. She is the past chair of the CBA Vancouver Insurance subsection, frequently presented at the Insurance Institute of BC and contributed to publications with the Insurance Bureau of Canada.

Alex specializes in matters related to capacity, guardianship, and power of attorney. He has often been appointed as counsel for individuals alleged to be incapable in high-conflict capacity-related disputes, showcasing his dedication to the rights of vulnerable individuals. Alex serves as the co-CPD liaison for the Elder Law Section and is a member-at-large of the OBA Trusts and Estates Section Executives of the Ontario Bar Association. Additionally, he is an active member of the Mental Health Legal Committee, where he has contributed to submissions on policy and law reform initiatives concerning capacity, guardianship, and substitute decision-making. He has presented at numerous Law Society and Ontario Bar Association programs and is the Co-Director of the OsgoodePD Certificate of Elder Law Program. At the University of Windsor Faculty of Law, Alex co-teaches Mental Health Law. He has also taught "Ethical and Legal Frameworks in Aging" at Ryerson University’s G. Raymond Chang School and has guest lectured on Legal Professional Ethics at the University of Windsor Faculty of Law, as well as Elder Law and Patient Rights at the University of Toronto Faculty of Social Work.

David Morgan Smith joined Rodney Hull, Q.C. and Ian Hull in their estate litigation counsel practice in September 1997. In August 1998, Rodney and Ian, together with David as associate, founded Hull & Hull. In January 2006, David became a partner of Hull & Hull LLP. David also maintains a mediation practice through Hull Estate Mediation Inc. David was an instructor at the Ontario Bar Admission Course (Estates and Trusts) from 1998 to 2005. He is a frequent guest lecturer for both Law Society of Upper Canada and Ontario Bar Association programs. David has had numerous decisions reported in the Estate and Trusts Reports and has authored the following papers: Making the Most of RRSP & RRIF Designations (2002) in the program entitled “Beneficiary Planning 2002 - Gifts from beyond the Grave.” Applications for a Variation of Trust/Will Interpretation (2003) in the program entitled “Estate Litigation: Pleading, Preparing and Proving Your Clients' Case.” “Revocation of Beneficiary Designations - Tips and Traps,” Will Power (CCH September 2002) “Issues in Executor's Compensation,” Will Power (CCH May 1998) David has an LL.B from Queen's University and an Honours B.A. from the University of Western Ontario. He was called to the Bar in 1994. He completed the Intensive Trial Advocacy Workshop at Osgoode Hall Law School in 1998. David is a member of the Society of Trust and Estate Practitioners, the Ontario Bar Association Trusts and Estates Section and the Toronto Lawyers Association. He was chosen by LawDay as one of the top 60 leading lawyers in Canada in the practice area of Estates and Trusts for the year 2009.