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w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 6 43 delicate matters considerably, she says. "Add to this cognitive or physical issues that arise in later years and there is a potential for long litigation and nasty family disputes," says Whaley, who is also a distinguished fellow of the Canadian Centre for Elder Law. "The volume of court decisions involving complex family units [a spouse remar- ried later in life with children from previous or multiple marriages] has exploded over the last several decades." Linked to this is the problem of predatory marriages. This is a growing problem, says Whaley, where an older client has married under undue influ- ence, often in secret, and is pressured to transfer the rights to their assets transferred into the name of their new spouse. This is one of many cases where lawyers must be more astute when deal- ing with older clients, Whaley says. She advises lawyers to use common sense when facing issues such as new mar- riages and proposed changes to power of attorney. They should be looking for signs of undue influence, and examin- ing past behaviour to look for anoma- lies, she explains. Lawyers who don't make efforts to understand and protect their clients may face negligence mea- sures, she warns. "That's going to be a developing area of solicitor's negligence, and the courts are going to expect more of lawyers." The financial issues surrounding divorce can change considerably as cli- ents age, says specialist family lawyer Miriam Grassby, founder of Grassby & Associés. She warns that federal legisla- tion isn't suitable for an increasingly older client base that wants to support former spouses. When paying from their income, they can deduct these spousal payments, she says, but they don't have the same luxury when paying from RRSPs that they're cashing in. "We need a change to the [Income] Tax Act in Canada," she argues. "We must resolve the issue of support for elderly spouses who are still prepared to help each other but find it much more difficult when they're starting to live on their capital." Capacity and consent Similar policy changes are needed in health care, says Angela Fallow, an estate lawyer at Cunningham Swan in Kingston, Ont. "We need more case WE'RE IN THE MIDDLE OF THE LARGEST INTERGENERATIONAL WEALTH TRANSFER IN THE HISTORY OF CANADA. YOU HAVE PEOPLE WHO ARE OLDER, AND IF THEY AREN'T THEY'RE RELATED TO SOMEONE OLDER WHO ALSO HAS LEGAL ISSUES. LAURA TAMBLYN WATTS, Canadian Centre for Elder Law New edition Annual Review of Civil Litigation 2016 Edited by the Honourable Mr. Justice Todd L. Archibald and the late Honourable Mr. Justice Randall Scott Echlin Get the newest edition of this authoritative title regularly cited by appellate courts, including the Supreme Court of Canada. NEW IN THIS EDITION This edition features 18 articles on current issues written by expert civil litigators: the largest ever compilation to date for this publication. Topics covered include: The Art and Science of Persuasion – The Closing Address • Economic Duress • Norwich Orders in Internet Defamation Cases • Digital Property • Expert Evidence • Solicitor-Client Privilege • Tort of Inducing Breach of Contract • Interventions • Frustration of Contract in the Employment Law Context • The New Face of Defamation • Damages for the Breach of the Duty of Honest Contractual Performance • Competition Act Class Actions • Litigation and the Ageing Workforce • Commercial Arbitration Awards • Oppression Remedy • Liability to Non-Clients • Mining Efficiencies in Our Rules • Misfeasance in Public Office Also included in this edition is a Consolidated Table of Contents – a summary of all articles published in the Annual Review of Civil Litigation since 2001. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ORDER # 987071-65203 $199 Hardcover approx. 780 pages September 2016 978-0-7798-7071-4 Annual volumes supplied on standing order subscription Multiple copy discounts available © 2016 Thomson Reuters Canada Limited 00239YV-A84369-CM

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