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Events for health care professionals

The Role of the Medical Expert in Estate Litigation

When: Thursday, June 23, 2022 - Friday, June 24, 2022
Where: Sunnybrook Health Sciences Centre (McLaughlin Auditorium)

Time: 8:30 a.m. – 4:30 p.m.

Learn to become an expert from experienced clinicians, estate litigators and a superior court judge:

  • Introduction to estate litigation and related matters
  • An approach to the retrospective and contemporaneous assessment of testamentary and related capacities
  • Crafting the opinion – a deeper dive into preparing reports and testifying in court
  • Structuring reports with case examples (interactive)
  • Giving evidence in court (role play and observation feedback)

Faculty

Clinician experts
  • Jocelyn Charles - Care of the Elderly Physician
  • Carole Cohen - Geriatric Psychiatrist
  • Nathan Herrmann - Geriatric Psychiatrist
  • Kenneth Shulman - Course Director
Estate litigators
  • Ian Hull, Hull & Hull LLP
  • Kim Whaley, WEL Partners
Judge
  • The Honourable Susan G. Himel, Superior Court of Justice Ontario

Junior Faculty

  • Julia Kirkham
  • Sara Mitchell

Course agenda

CPD two day Course

The role of the medical expert in estate litigation

The Problems being addressed:

  • A shortage of qualified medical experts who are able and willing to help the courts make their determinations in cases of disputed capacity and allegations of undue influence related to estate litigation
  • This is a concern in an aging population with a high prevalence of cognitive and mental disorders who are about to make the greatest transfer of wealth in history to a generation of increasingly complex families under great economic strain
  • It is anticipated that the number of challenges to Wills and related estate documents will increase
  • Medical and postgraduate training does not address the assessment of estate related capacities

Target audience: Psychiatrists (general and geriatric), Neurologists, Geriatricians, Care of the Elderly primary care physicians

Course: 2 days including lectures and interactive seminars

Dates: June 23 & 24, 2022 (8:30 a.m.  - 4:30 p.m.)

Registration fee: $500 includes all materials, food for both days

Accreditation:

Royal College Maintenance of Certification (12 hrs)

College of Family Physicians of Canada (12 credits)

Overall goals of the course

  1. Increase the number of medical experts in Ontario who are knowledgeable and skilled in the assessment of testamentary and related capacities and familiar with the court processes that arise from these cases.
  2. Define the competencies necessary for the role of medical expert in estate litigation

FACULTY

Clinician Experts - Sunnybrook, University of Toronto

  • Jocelyn Charles (Care of the Elderly Physician)
  • Carole Cohen (Geriatric Psychiatrist)
  • Nathan Herrmann (Geriatric Psychiatrist)
  • Kenneth Shulman (Course Director)

Estate Litigators

  • Ian Hull, Hull & Hull LLP
  • Kimberly Whaley, WEL Partners

Superior Court of Justice Ontario

  • The Honourable Madam Justice Susan G. Himel

AGENDA

Day 1 June 23, 2022

McLaughlin Auditorium EG 21

7:45 - 8:30 Breakfast available

8:30 - 9:00 Introductory remarks

9:00 - 10:00 Introduction to Estate Litigation and Related Matters

10:00 - 10:20 Break

10:20 - 11:20 Capacity

11:20 - 12:15 Components of the Role of the Expert

12:15 - 1:15 Lunch

1:15 - 1:30 The process of being retained

1:30 - 2:00 Doing the research

2:00 - 2:20 Impact of psychiatric and cognitive disorders on capacity

2:20 - 2:45 Providing the opinion

2:45 - 3:15 Contemporaneous testamentary capacity (CTC) assessment simulation

3:15 - 3:35 Break

3:35 - 4:05 CTC assessment debrief (small groups)

4:05 - 4:25 CTC assessment discussion (large group)

4:25 - 4:35 Preparation for Day 2

Day 2 June 24, 2022

McLaughlin Auditorium EG 21

7:45-8:30 Breakfast available

8:30 - 9:00 Answer questions from Day 1, orientation to Day 2

9:00 - 9:30 Case Scenario 1: Approach to the assessment (small groups)

9:30 - 10:00 Report back and discussion (large group)

10:00 - 10:25 Report writing

10:25 - 10:45 Break

10:45 - 11:15 Case Scenario 1: Approach to report writing (small groups)

11:15 - 11:45 CTC assessment simulation write-up

11:45 - 12:00 General discussion, questions

12:00 - 13:00 Lunch

1:00 - 2:40 Giving evidence in court

2:40 - 3:00 Afternoon break

3:00 - 4:20 Giving evidence in court (continued)

4:20 - 4:30 Questions

4:30 - 4:35 Closing remarks

4:35 Reception

Directions: Visit this page for directions to Sunnybrook (Bayview Campus). The McLaughlin Auditorium is located in E-wing ground floor (view campus map).

Registration limited ($500 including materials).

For more information contact ken.shulman@sunnybrook.ca.

Accreditation approved for:

  • Royal College Maintenance of Certification (12 hours)
  • College of Family Physicians of Canada (12 credits)
  • Law Society of Ontario (12 substantive hours)

This event is now full and closed to any further submissions.