A world leader in law school lifelong learning
Contact Us

Legal professionals in personal injury cases routinely act on behalf of clients who have sustained serious physical and psychological injuries. Your client’s capacity should always be a live issue, one which can give rise to complex professional and ethical obligations.

In this OsgoodePD online program, leading practitioners in personal injury and counsel from the Public Guardian & Trustee office, will give you practical tips, proven strategies and guidance on how navigate these challenges. Other topics include:

  • Understanding capacity from both legal and practical perspectives
  • When representing persons with diminished capacity, what are your obligations to ensure your clients make “adequately considered decisions” ?
  • Protecting yourself – practice management tips for taking notes and documenting communications
  • What are the indicators and red flags of diminished capacity?
  • What can and should you do if you are concerned about your clients’ capacity but he/she refuses assessment?
  • Clarifying your obligations on when and how to appoint a litigation guardian
  • Drafting a retainer letter for assessment: conflicts, disclosure
  • Taking instructions when there is no guardian, or more than one
  • Who, when and how can you ask for help?
  • When are you obligated to continue to act for your client vs. when you can refuse?


  • Richard Bogoroch, Bogoroch & Associates
  • James R. Howie, Howie Sacks & Henry LLP
  • Laurie S. Redden, Deputy Public Guardian & Trustee, General Counsel
  • Tammy Ring, Lerners LLP

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.


The video stream will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
November 20, 2015
Running Time


Fee per Delegate

$179 plus HST

Buy Now

Eligible CPD Credit Hours


Who Should Attend

  • Plaintiff personal injury & insurance lawyers
  • Personal injury & insurance defence lawyers
  • In-house counsel

Back to top