Author Archives: Arlene Blake

About Arlene Blake

Arlene Blake is an alumni of U of C Law School, a sole practitioner in Calgary, and a member of the Law Societies of Alberta and the Northwest Territories, the Canadian Bar Association, and the Alberta Arbitration and Mediation Society. Her practice areas include Administrative Law, Arbitration, Wills & Estates. Her volunteer activities include Calgary Legal Guidance and the provision of case comments for the Elder Law Section of Alberta South CBA.

Avoiding Probate Does Not Eliminate Problems

By: Arlene Blake

PDF Version: Avoiding Probate Does Not Eliminate Problems

Case Commented On: Dobransky v. Roteliuk, 2018 ABQB 660

Putting property in joint names is an oft used method of estate planning to avoid probate. While it is unclear if Dobranksy is such a case, it can serve as a cautionary tale for those contemplating using joint tenancy as a method of avoiding probate.

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Rasouli v Sunnybrook Health Services Centre: End of Life matters reach the Supreme Court of Canada

PDF version: Rasouli v Sunnybrook Health Services Centre: End of Life matters reach the Supreme Court of Canada

Case Considered: Rasouli v Sunnybrook Health Services Centre, 2011 ONCA 482

This case involves the issue of consent under Ontario’s Health Care Consent Act, 1996, SO, 1996 c 2, Schedule “A” (the “Act”). While no similar law exists in Alberta, the case, through its discussion of the conflict between doctors’ ability to determine treatment, and the patient’s ability to refuse, raises issues that extend beyond the legislative boundaries of Ontario.

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