Here is revised version of an earlier article, which given the time of the year and the recent heavy snow fall in my hometown may be of interest, as some may be contemplating an extended trip to a warmer climate in the U.S. READ ON
Category Archives: Legal Research and Related Articles
“Travel Insurance and the Pre-existing Condition Enigma (Revised 2024)”
Here is an up dated version of an earlier article, which given the time of year seems appropriate READ ON
DEATH, Toilet Paper and the Coronavirus
True dignity abides with him alone who, in the silent hour of inward thought, Can still suspect, and still revere himself, in lowliness of heart.
William Wordsworth
Death, to be perfectly candid is a bit of a morbid topic and one, which we typically try to push back into the dark recesses of our mind. But despite our best efforts, fear of dying is always present in our subconscious thoughts. As we grow older and particularly now that we are bombarded nightly with the unsettling news surrounding the coronavirus, it is not uncommon to think about one’s own mortality more often.
In an earlier article entitled, “Successful Aging: Develop both a Passion and a Purpose”, I outlined the several key elements to creating an environment of emotional stability as we head down the runway of life-“self-acceptance, positive attitude, creative expression, purposeful living, social engagement and spiritual awakening or connection”. I indicated that we cannot speak about “successful aging” in the context of having a spiritual awakening or connection without addressing our own mortality. We must acknowledge that we all have a shelf life; it is just not clear on “our” label, the actual expiry date. READ ON
Term Limits for Directors in Alberta
Has the Implementation of Term Limits Produced the Desired Effect?
A recent conversation surrounding a proposed amendment to an organization’s by-laws intended to address with greater precision and clarity the issue of “Term Limit for Directors” caused me to reflect on my own Board experience over the years and to relive for the moment, the considerable debate which occurred when this topic first surfaced around the Boardroom table. It prompted me to make some observations and offer some thoughts on the subject from someone who might be described as a “wily” veteran. READ ON
“CBD” and “THC”: Two Acronyms You Should Know About in Today’s World
In two earlier articles entitled, “Bill-C45: The Cannabis Act and the Canadian Visitor to the United States” and more recently, “Cannabis, Medical Marijuana and the Canadian Visitor to the United States of America”, I discussed in some detail, the legalization of “cannabis” in Canada and the implications for the Canadian Visitor to the United States. Embedded in these articles is an explanation about the legal anomaly that exists in the United States, where legalization of “marijuana” has become a “patchwork” of legislation and regulations, both at the State and Federal level. A handful of States have legalized the substance both for recreational and medicinal purposes in varying degrees, while the Federal Government (which includes the Department of Homeland Security and the Customs and Border Service), considers “cannabis” or “marijuana” to be a controlled substance, under Section I of the Controlled Substance Act (CSA), 21 U.S.C. § 802(16), such that its possession and use continues to be a serious criminal offence in the United States. This is potentially problematic for the Canadian visitor and those involved in the “cannabis” industry in Canada, which I explained.
CBD and THC: “What’s it all about Alfie?”
With the legalization of “cannabis” in Canada and several States in the U.S., (including California), I lamented in one of my those articles that it was unlikely, given the average age of the typical “Snowbird” that the use of “cannabis” for recreational purposes would become a popular leisurely retirement activity. On the other hand, as evidenced by some recent discussions with some close friends and relatives, the therapeutic use of “cannabis” or other forms of the substance and its derivatives is receiving more and more attention, and those suffering from a myriad of aliments from sleep disorders, insomnia, anxiety, depression and chronic pain are apparently finding some relief. Some have reported that its use has a “calming” effect and that it allows one to be more focused and not as “stressed out” thereby creating a healthier and more positive outlook on life.
Most of my knowledge on this subject was limited to two common acronyms–CBD and THC, both being components of “cannabis” with each having their own unique qualities. As a former Federal Drug Prosecutor, THC was well known to me in my former life as being the active component of cannabis that produces a “high” or psychotropic effect in terms of its recreational and at the time, illegal use.
How things have changed?
More recently, CBD has become a popular term and has increasingly crept into our vocabulary and “adult” conversation at our regular “Happy Hour”. Some of my friends have been touting it as a new “wonder drug” offering many anecdotal positive experiences.
At the risk of offending those from the Mediterranean island, all of this was “Greek” to me and somewhat of a mystery, so I thought it might be a useful exercise to examine this area more closely and try to clarify the mystic surrounding these acronyms –CBD and THC and offer some incite into the multitude of new “products” now being promoted commercially in the United States and Canada.
Ageism and the Insurance Industry
-A Topic Which is Not Often Mentioned
In the 1960’s, Geriatrician Robert Butler coined the phrase “ageism”. It was used in the context of the prevailing social practice of stereotyping older people and the aging process in a negative manner. It reflected existing societal attitudes towards the elderly, which portrayed them often in disparaging terms and that identified them as unflattering stereotypes. As time progressed, ageism was viewed more in a legal context having regard to policy or practices, which were considered prejudicial or discriminatory in nature.
Today, ageism is defined more specifically as discrimination on the basis of a person’s age.
In a time of increased diversity and a desire to promote inclusivity within Canada, ageism is seen as one of the newest challenges facing society. Much of the world is caught up in the #MeToo movement, which focuses on sexual harassment in the workplace. But in addition, there is a growing awareness and strong sentiment being expressed also about age discrimination in the workplace environment.
But there are other areas where ageism is not often mentioned but in reality exists to the financial detriment to the “retiree” or “senior citizen”. This prompted one observer to remark,
“Ageism is the most tolerated form of social prejudice in Canada and there is no greater safe haven for this kind of prejudice than in the insurance industry.”
In my opinion, one of the last bastions, where age discrimination continues to be accepted and tolerated is in the area of private sector insurance and in particular, private health insurance and more specifically, Travel Medical Insurance.
Let me explain.
Child and Elder Care and the Duty of an Employer to Accommodate
With the ever increasing costs of child care and after school care, many families with a working mother are faced with the annual dilemma after calculating the “net “benefit, having taken these expenses into account, of justifying her continued employment. In addition, (particularly, for the single “mom”) after making the decision to work, they are then presented with ever increasing family duties and expectations, logistical issues and unreasonable expectations or demands by the employer, when their “family” obligations interfere or conflict with their employment duties.
By now most employers should be aware that both federal and provincial human rights legislation prohibits discrimination in the workplace on grounds of race, religion, sex and age. Many employers are however unaware that the legislation also prohibits discrimination based upon a person’s family status, which includes childcare obligations.
The issue also arises occasionally with respect to elder care. As our parents’ age and as there is a tendency for them to live longer, their personal requirements and medical needs increase and it often falls on their adult children to address these concerns. Most often these issues are unscheduled and take the employee suddenly away from the workplace, which may create conflict with the employer.
READ ON
Testamentary Capacity: Take Some Positive Steps Before it is Too Late
The Story of Martha and Henry
In Alberta, the Wills and Succession Act R.S.A. came into effect on February 1st 2012 replacing the Wills Act, Intestate Succession Act, Survivorship Act and Section 47 of the Trustee Act. It is now the primary statute in Alberta that deals with wills, intestacy, survivorship, dependent support, beneficiary designations and other succession issues.
Section 13 of the Act states the following:
- An individual who is 18 years of age or older may make, alter or revoke a will if the individual has the mental capacity to do so.
“Mental capacity” is not defined in the Act but has universally been accepted as the penultimate consideration in determining whether or not a person has the ability to make a will or whether or not a given will is indeed valid. This is referred to among legal circles as “testamentary capacity”.
There is no standardized test for determining testamentary capacity and although it is suggested that lawyers are trained to assess mental capacity for the purpose of taking will instructions and before having someone sign a new will, my own experience would suggest that such “training” is limited and more imaginary than real. Clearly, most lawyers understand the necessity to assess the client’s ability to give will instructions but putting this into practice can be tricky and is more of an art than a science. READ ON
Effective Board Governance and the Role Of Committees
Effective Board Governance and the Role of Committees
The structure of a Board and the planning of the Board’s work are key elements to effective governance. Establishing committees is perceived to be one way of better managing the work of the Board, thereby strengthening and enhancing the Board’s governance role.
Historically, it has been common practice for Boards, using a traditional governance model, to strike various standing committees to deal with major functional areas of the organization. Each Board committee would work closely with the management team or staff member responsible for this functional area. They would work together in addressing issues, solving problems, developing internal policies and establishing plans to monitor performance and compliance within each functional area.
For example, it was commonplace for a Board to establish a human resource or staffing committee, who would work with the HR manager to develop HR policies including hiring, conduct, discipline, compensation and performance. It was expected that the work of the committee would “filter” up to the Board and from time to time the Board would be asked to approve some high level policies. For the most part, however, the establishment of work related policies was left to the committee to approve and for management to implement and the work of the committee was largely unseen by the board, except for approving perfunctory minutes from the committee meetings and receiving a brief verbal report from the chair of the committee at the Board meeting.READ ON