Elder Abuse & Elder Law

ELDER ABUSE LAWYER TORONTO

The abuse of older people, known as elder abuse, encompasses various forms of mistreatment such as physical, sexual, psychological, and financial abuse, neglect, abandonment, and loss of dignity. It is a violation of human rights that causes harm and distress to older individuals.

“One in ten adults aged 65 and over experience some form of elder abuse each year in Canada.” (University of Toronto)

Elder abuse encompasses any act or lack of action within a trusted relationship that harms a senior, causing distress or jeopardizing their health and well-being.

Types of abuse are diverse and can greatly impact older adults:

  • Elder abuse encompasses various forms such as physical abuse, resulting in injury or discomfort.
  • Psychological or emotional abuse diminishes a person’s sense of identity and self-worth. Sexual abuse involves unwanted sexual behavior without consent.
  • Financial abuse entails the misuse of funds or assets without permission or against the individual’s best interests.
  • Neglect, an equally concerning form of abuse, is the intentional withholding of basic necessities or care due to a lack of knowledge, experience, or capability.
  • Understanding these different types of abuse is crucial in safeguarding the well-being of older adults

Examples of abusive behavior towards seniors are concerning and must be addressed. These behaviors can involve controlling actions like isolating them from friends and family, blaming them for the abuse, displaying a sense of entitlement to their belongings, treating them like a child, and leaving them alone for extended periods when they are dependent.

It is essential to recognize and intervene in such situations to ensure the well-being and safety of seniors in our communities. Please contact our Toronto Elder Law and Elder Abuse Lawyer at 416-847-1859 for a consultation.

ELDER LAW – CANADA’S AGING POPULATION

Canada is undergoing a significant demographic shift with projections indicating that a quarter of its population will be over 65 by 2041. The aging “baby boomer” generation is leading this transformation, with many Canadians choosing to extend their working lives. Consequently, elder law concerns are gaining prominence in light of this evolving scenario.

Over the past two decades, the share of people over 65 years of age has been steadily increasing in Canada. Indeed, in 2000, 12.55 percent of the Canadian population were seniors, while in 2022, they represented 18.83 percent of the population.
 In the same year, there were approximately 3.95 million women and 3.38 million men over the age of 65 in Canada.

With the rising proportion of older individuals in Canada’s population and the anticipated significant wealth transfer between generations in the coming years, the potential for abuse is a concerning reality. At Bobila Walker Law, we emphasize the crucial role of Elder Law and Elder Abuse prevention in identifying and addressing this abuse. Our focus lies on proactive measures through estate and disability planning, as well as reactive approaches through litigation.

Our firm has represented seniors who have experienced elder abuse. We have represented families who needed to stop the elder abuse conducted by other family members or fiduciaries. Oftentimes, the signs are there but individuals are afraid to take the first step and hiring a lawyer. We are here to discuss these issues with you.

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our Team

Daniel Walker – Managing Partner

DANIEL

WALKER

MANAGING PARTNER

Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.

Estate, Trusts & Fiduciary Litigation

Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:

  • Contested will challenges
  • Breaches of fiduciary duty and trust
  • Power of attorney disputes
  • Guardianship and capacity litigation
  • Dependant’s relief claims under the Succession Law Reform Act
  • Complex intestacies
  • Trust rectification and variation applications
    He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.

Passing of Accounts (Contentious & Non-Contentious)

Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.

Complex Family Law & Cross-Border Litigation

Daniel brings unique expertise to family law disputes:

  • High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
  • Advises clients through every phase of separation, divorce and related disputes. 
  • Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance. 
  • Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.

German-Speaking Legal Services

Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.

Professional Background

Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:

  • The in-house legal team at Rogers Communications
  • The Office of the Privacy Commissioner of Canada

Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.

 

Guardianship and Power of Attorney Disputes

Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law.  Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.

Estates Administration

Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.

Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.

Civil and Commercial Litigation

Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.

Elder Abuse & Elder Law

With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.

Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.

Whistleblower Protection & Crisis Management

Daniel provides legal support to whistleblowers, professionals, and institutions navigating:

  • Professional discipline proceedings
  • Matters of national security and confidentiality
  • Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
  • International immunity and state actor litigation

With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.

MARIA BOBILA
Partner
LORRAINE SEALE
Senior Estates Law Clerk
ANANTA ROOPNARINE
Family Law Clerk

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The firm was kind and compassionate in dealing with my situation, and was always available to answer any questions that I had. I ended up winning my appeal and am now able to pursue my goal

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