WELPARTNERS - Key Persons

Job Titles:

• Counsel
• Firm Counsel
• Professor Emeritus, Faculty of Law

Albert Oosterhoff, Professor Emeritus, Faculty of Law at the Western University, Firm Counsel, has taught at: the University of Windsor and Western University in the areas of Wills, Trusts, and Property Law. He taught Trusts for a number of years as an Adjunct Professor at the University of Toronto. He also held positions as Associate and Acting Dean at Western. Professor Oosterhoff has been in private practice and has written numerous articles, comments and books in the areas of Wills, Estates, Trusts, and Property Law.

Job Titles:

• Estate Clerk
• Estates Clerk

Bibi has been working with Kimberly Whaley since 2002 in the capacity of Estates Clerk and Administrative Assistant. Bibi earned her stripes working for the Ministry of the Attorney General for over 13 years. She started in the accounting department of the Sheriff's Office, where she was responsible for all accounts receivable and payable. She then transferred to the Estates Department, where she worked under the direct supervision of the Registrar for more than 10 years. Bibi is proficient in the requirements of all applications and documentation forwarded to the court. She reviews and processes incoming applications for probate, reviews and processes incoming notices of application and motions pertaining to the Substitute Decisions Act, The Estate Rules and the Rules of Civil Procedure. Bibi is involved with preparation of court documents and liaising with the Court.

Job Titles:

• Clerk
• Associate Member of the Institute
• Law Clerk

Bio Birute Lyons joined WEL Partners in October 2014 as a Law Clerk. Birute Lyons has over twenty-five years of experience in the legal profession as a law clerk administering estates, preparing/managing power of attorney and estate accounts, and providing cost-effective and personalized paralegal services. Prior to joining WEL, Birute served as a trust officer with The Canadian National Institute for the Blind ("CNIB"), where she managed estates/trusts nationally for over thirteen years for CNIB. Prior to joining the CNIB, Birute was a trust officer at TD Canada Trust. Birute is an inactive Associate member of the Institute of Legal Executives (U.K.), Institute of Law Clerks of Ontario and was a participant of a former Charitable Administrators "Best Practices" Working Group in Toronto. Birute has over twenty-five years of experience in the legal profession as a law clerk administering estates, preparing/managing power of attorney and estate accounts, and providing cost-effective and personalized paralegal services. View profile

Brett is a strong advocate for making the law more accessible and client-centered. Throughout law school he worked with the Thompson Rivers University Community Legal Clinic and with CanAge, Canada's National Seniors Advocacy Organization, assisting in the creation of a Massive Open Online Course on Powers of Attorney. Brett views conflict through the lens of a mediator and a litigator and is confident in his ability to provide clients with effective options for the resolution of legal issues. Brett joins WEL Partners as a lawyer after completing his articles at WEL in 2023. Prior to joining WEL Partners in 2022, Brett completed his Juris Doctor at Thompson Rivers University where he was a member of the British Columbia Law Schools moot team and President of the Black Law Students Association. Brett received his Honours Bachelor of Arts in Political Science from Brock University and his Post-Graduate Certificate in Alternative Dispute Resolution from Humber College. Throughout his schooling, he volunteered with the Good Shepherd and the Hamilton Community Legal Clinic, two experiences which he attributes his passion for helping vulnerable persons with legal issues.

Job Titles:

• PARTNER

Bryan Gilmartin is a Partner at WEL Partners where he practices exclusively in the areas of estate, trust, power or attorney, capacity, and guardianship litigation. Bryan came to the practice area honestly. Growing up an only child in a small town in northern Ontario, he lived and worked in the family funeral home alongside his mother and father. At a young age, Bryan was immersed in the sensitivities, tragedies, and emotions that accompany death. He also had the opportunity to learn how to navigate the challenges of running a small business. He relies on these experiences every day when navigating the challenges that accompany the practice area. Leaving his undertaking days behind him, Bryan left the north to pursue an education in music at the University of Toronto where he studied jazz performance. During his studies, he had the opportunity to play with some of the great jazz musicians in the country and the world. He also taught music all over the city of Toronto. After a few years of playing late nights into early mornings with several incredible yet forgettable bands, Bryan set his sights on a career in law and he attended the Dual JD program at the University of Windsor and the University of Detroit Mercy. Bryan joined WEL Partners as a Summer Student and worked there throughout his law school years. Upon his graduation, he returned as an Articling student and then as an Associate following his call to the Ontario Bar in 2020. Bryan has worked on matters at all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada. His articles have been featured in the Globe and Mail, he regularly presents at Continuing Legal Education programs and has been named in Best Lawyers since 2021. Bryan is a member of the Society of Trust and Estate Practitioners, the Baycrest Foundation Professional Advisory Group, and the National Academy of Elder Law Attorneys. He also currently sits as a Member at Large on the Ontario Bar Association Elder Law Executive Committee and Alternative Dispute Resolution Executive Committee. When not at work, Bryan enjoys making his way around the city in search of the best cup of coffee with his wife and their newborn son (hence why coffee is required). You may also find him on a golf course with friends, cooking elaborate meals on his kamado grill, or back up north wetting a line at his favorite fishing hole. Memberships The Law Society of Ontario Canadian Bar Association Ontario Bar Association Bryan Gilmartin is a Partner at WEL Partners where he practices exclusively in the areas of estate, trust, power or attorney, capacity, and guardianship litigation. Bryan joined WEL Partners as a Summer Student in 2018 working throughout his law school years. Upon his graduation, he returned as an Articling student and then as an Associate following his call to the Ontario Bar in 2020. Bryan has worked on matters at all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada. View profile

Job Titles:

• Member of the OFFICE MANAGEMENT Team
• Client Relations Coordinator

Christin has joined WEL Partners upon graduating with Honours from the Law Clerk Program at Seneca College of Applied Arts and Technology. Christin brings her experience working at Intake and Reception for Legal Aid Ontario. She is our first point of contact for new client related inquiries.

Evan is a lawyer at WEL Partners where he practices in all areas of estates litigation. Evan completed his Juris Doctor at The University of Ottawa Faculty of Common Law, and was called to the Ontario Bar in 2020. Prior to joining WEL Partners in 2022, Evan practiced at a litigation firm where he gained extensive experience in wills, trusts, capacity, and estates. Evan also articled at a full-service law firm in downtown Toronto where he gained experience in trusts and estates, family law, commercial litigation, bankruptcy and insolvency, shareholder disputes, commercial real estate, and construction law. At The University of Ottawa, Evan was the Vice-President of the Jewish Law Students Association, placed first in his class in Commercial Transactions, and graduated Cum Laude. Memberships The Law Society of Ontario Ontario Bar Association

Fabiana is a lawyer at WEL Partners. Prior to joining WEL Partners in October 2023, Fabiana articled in-house where she gained extensive experience in insurance defence litigation. Fabiana was called to the Ontario Bar in 2023. Fabiana holds LLMs in Business Law (2016) and in Canadian Common Law (2021) from Osgoode Hall Law School and obtained her Certificate of Qualification from the Federation of Law Societies of Canada. Fabiana received her LLB from the Federal University of Brazil (2006). During her studies, she worked as a law student at the National Agency of Petroleum, Natural Gas and Biofuels, Attorney General's Office and at a renowned international law firm. After moving to Canada, she worked in business development for the Brazil-Canada Chamber of Commerce and for full-service law firms in Toronto. Fabiana is fluent in Portuguese. Fabiana joined WEL Partners as a lawyer in October 2023. Fabiana holds LLMs in Business Law (2016) and in Canadian Common Law (2021) from Osgoode Hall Law School. Prior to joining WEL Partners Fabiana articled in-house where she gained extensive experience in insurance defence litigation. Fabiana was called to the Ontario Bar in 2023. Fabiana is fluent in Portuguese.View profile

Job Titles:

• Articling Student

Gabriella joined WEL Partners as an Articling Student in September of 2023. Gabriella recently completed her Juris Doctor at Queen's University. Before joining WEL Partners, Gabriella was a summer student at an international tax boutique in New York City. During this time, Gabriella developed an interest, as well as experience, in estate and trust matters. At Queen's University, Gabriella co-founded a volunteer club called Volunteers for Mental Health and Addiction (VMHA) assisting vulnerable people in the Kingston community. This has given her a deeper understanding of issues faced by elderly people. At WEL, Gabriella will continue to explore issues involving at-risk elderly individuals and capacity with respect to Elder Law. After a seven-year long career competing for varsity track and field at Queens University, Gabriella still enjoys running with her twin sister and their rescue dog, Francesca.

Joanna joined WEL Partners in March 2024 as a lawyer. Prior to joining WEL Partners, Joanna was a lawyer at boutique law firms that specialize in mental health litigation, estate, trust and capacity litigation, and professional negligence. Joanna was called to the Ontario Bar in 2013. Joanna received an Honours BA in Philosophy (with distinction) from McMaster University. She holds a JD from the Schulich School of Law at Dalhousie University wherein she obtained a Health Law and Policy Specialization designation. Joanna completed her articles of clerkship in criminal defence law, and as a young lawyer participated in coroner's inquests. Joanna has a considerable background in capacity litigation and administrative law, and extensive appellate experience in these areas. For nearly a decade, Joanna primarily practiced patient-side mental health law and regularly appeared before the Consent and Capacity Board, Ontario Review Board and the Superior Court of Justice. She has also appeared as counsel in the Court of Appeal for Ontario and the Supreme Court of Canada. Joanna prides herself on being a zealous advocate on behalf of her clients and working tirelessly to achieve practical results. When not at work, Joanna enjoys cooking, traveling, playing recreational sports, and going on outdoor adventures with her rescue dog Puchi. Joanna joined WEL Partners in March 2024 as a lawyer. Prior to joining WEL Partners, Joanna was a lawyer at boutique law firms that specialize in mental health litigation, estate, trust and capacity litigation, and professional negligence. Joanna was called to the Ontario Bar in 2013. View profile

Job Titles:

• Senior Litigation Lawyer

John Poyser is a Senior Litigation Lawyer with WEL. He has been a lawyer since 1987 and, over the last twenty years, has limited his practice to matters arising out of gifts, wills, trusts and other wealth transfers. He obtained his Ontario call to the Bar in 2016. He is also licensed to practice in Alberta and Manitoba. His Ontario practice through WEL is limited to estate litigation. He challenges and defends the transfer of wealth by will, gift and trust, and provides consultations to lawyers from other firms who are pursuing legal action in those areas. Nationally, he is a past chair of the Wills, Estates and Trusts Section of the Canadian Bar Association (the "CBA"), and a past Deputy Chair of the Society of Estate and Trust Practitioners ("STEP"). Internationally, he sat as a member of STEP's Worldwide Council from 2013 to 2016. As an author, he wrote Capacity and Undue Influence, an eight-hundred page textbook published by Carswell in 2014. It canvasses the law relating to the transfer of wealth by will, gift, and trust, and helps lawyers and judges deal with attacks on those transfers. As a prior project, he coauthored ten editions of a textbook for Carswell entitled The Taxation of Trusts, a Practitioner's Guide, dealing with taxation and planning issues relating to trusts and estates. John is also a regular contributor of articles in The Estates, Trusts and Pensions Journal. He was the Founding Editor of The National Concordance, a compendium assembling and comparing succession laws across Canada, jointly published on-line by the CBA and Westlaw ECarswell, and continues in the role of Managing Editor for that publication. He serves as an Associate Editor of The Estates and Trusts Reports. As a lecturer, he speaks regularly for law societies and bar associations across Canada. John has two children, and one wife. He loves Las Vegas, hates mosquitoes, and has been a regular driver for Meals on Wheels since 1995. John is a Senior Litigation Lawyer with WEL. He has been a lawyer since 1987 and, over the last twenty years, has limited his practice to matters arising out of gifts, wills, trusts and other wealth transfers. He obtained his Ontario call to the Bar in 2016. He is also licensed to practice in Alberta and Manitoba. His Ontario practice through WEL is limited to estate litigation. He challenges and defends the transfer of wealth by will, gift and trust, and provides consultations to lawyers from other firms who are pursuing legal action in those areas. View profile

Job Titles:

• FOUNDER
• Founding Partner
• Honourary Committee Member of the Professional Advisory Group of the Baycrest Foundation

Kimberly A. Whaley is the Founding Partner at WEL PARTNERS. She practices in the areas of Estate, Trusts, Fiduciary Litigation including Power of Attorney Disputes, Contentious and noncontentious Passing of Accounts Applications, Guardianship, Dependants' Support, and Elder Law. Kimberly is an experienced Mediator, mediating estate and trust related disputes within her practice areas for over 20 years, receiving a certificate from the Institute for Conflict Management, September 2008. Kimberly was inducted to the Ontario Chapter of the Canadian Academy of Distinguished Neutrals in December 2021. Kimberly's firm is ranked nationally by Canadian Lawyer as one of the Top 10 Trusts and Estates Boutique firms in Canada; and has been recognized since 2012 by Global Law Experts, receiving International awards in Trust and Estate Law. Kimberly was inducted as a Distinguished Fellow of the Canadian Centre for Elder Law (CCEL) in Vancouver, 2012. Kimberly is designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Ontario and has been peer selected annually since 2008 for inclusion in Best Lawyers in Canada in the practice area of Estates and Trusts. Kim was chosen by Lawday Leading Lawyers as one of the top 60 leading lawyers in Canada in Estates and Trusts. Kim is also a Solicitor of the Supreme Court of England and Wales. She was given the Martindale-Hubbell - BV Distinguished Rating in both Legal Ability and Ethical Standards. Kim is Lexpert ranked in the Canadian Legal Lexpert Directory, an acknowledgement of excellence by peers and colleagues. Kimberly was awarded the OBA Hoffstein Book Prize Award in 2009, recognizing contributions and achievements by Members of the OBA in Wills, Trusts, Estates, Writing and Teaching. Kimberly is a Past-Chair of the OBA Trusts & Estates Executive, and Executive Member of the CLE and Institute Executives. Kimberly is the Past Chair of the CBA Elder Law Section and Chair of the OBA Elder Law Section. She is on the Expert Advisory Focus Group for the Law Commission of Ontario (LCO) Law Reform Project as it relates to Ontario's Capacity and Guardianship Laws and to RDSPs. Kimberly has served as the Toronto Branch Chair of The Society of Trust and Estate Practitioners (STEP), Toronto, and a past Director of STEP CANADA. Kim has also been Program Officer, Toronto and is designated as a full member of STEP Worldwide as a Trust and Estate Practitioner, TEP. Kimberly is an honourary committee member of The Professional Advisory Group of the Baycrest Foundation. Kimberly is a member of the Estate Planning Council of Toronto. Kimberly has been on the Estate List Users Committee of the Ontario Superior Court of Justice at Toronto since its inception in 2003. Kimberly is a frequent lecturer and has been an Adjunct Professor at the University of Toronto, Queens University and Western University. She has taught at the Bar Admission Course at Osgoode, and regularly presents at Continuing Legal Education programs for lawyers, in-house financial institutions, Institute of law Clerks of Ontario (ILCO), hospitals, accountants, financial advisors and other organizations and foundations, universities and colleges. Kim maintains a teaching affiliation with the University of Toronto and recently taught classes on the subject of ‘Capacity' together with Laura Watts in a gerontology course on Law and Aging and on Financial Abuse of the Elderly. Kimberly is the Founding Partner at WEL PARTNERS. She practices in the areas of Estate, Trusts, Fiduciary Litigation including Power of Attorney Disputes, Guardianship, Claims for Support, and Elder Law. Kimberly also mediates estate, trust and related matters. Kimberly is designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada and is recognized as a leading practitioner by Chambers, Lexpert, Lawday, Best Lawyers, Martindale-Hubbell and Canadian Lawyer. Kimberly has held various board and executive positions with the OBA and CBA and is Past Chair of the CBA Elder Law Section and Chair of the OBA Elder Law Section. Kimberly is a frequent lecturer and has been an Adjunct Professor at the University of Toronto, Queens University and Western University. View profile

Job Titles:

• Member of the OFFICE MANAGEMENT Team
• Office Manager

Lisa Tracey is the office manager of WEL Partners. As office manager, Lisa oversees all non-legal services provided within the office and is responsible for the operations of the Firm. Lisa has over 20 years of office management experience in the areas of finance, human resources, and facilities.

Job Titles:

• Firm Counsel

Mark Handelman was called to the Ontario Bar in 1978. Until 2001, he practised law in London, Ontario, including civil litigation, criminal defence and prosecution. He was one of Ontario's first members of the Official Guardian Child Representation Program. Mark was appointed to the Consent & Capacity Board in 1998 and became a Vice Chair and Senior Lawyer Member in 2000. He became Acting Toronto Regional Vice Chair and then Regional Vice Chair in 2001, for which he stopped practising law and moved to Toronto. When Mark's term on the Board expired in 2008 he returned to the private practice of health care law, representing health practitioners, SDMs and patients in all levels of court as well as before the Consent and Capacity Board and the Health Services Appeal Review Board, as well as teaching health law, particularly as it relates to mental health, consent and capacity, elderlaw and end of life issues. He was also a Lawyer Member of the Ontario Human Rights tribunal and a member of the Law Commission of Ontario Advisory Committee on end of life decisions. In 2019, Mark was reappointed to the Consent & Capacity Board. He stopped practising law in 2020, but continues on the Board. Wills and Powers of Attorney: Mark Handelman has unique experience determining capacity to give instructions for and execute Wills and Powers of Attorney. He was retained when there are concerns about the capacity of the proposed Testator/Grantor and he video recorded his interviews with the client in the event of a challenge to the validity of a Will or POA. Retaining Mark to prepare these important documents obviated the need for a capacity assessment. He was also pleased to attend at the client's home, hospital room or care facility and, presuming the client is capable, would upon request take instructions and attend for document execution the same day. Mark holds an MHSc in bioethics from the University of Toronto Joint Centre for Bioethics. He was a member of the corporate ethics committees of both William Osler and Humber River Hospitals and wrote the first versions of the information brochure, "A Guide to Substitute Decision-Making" for both hospitals. His articles on mental health law and ethics, substitute decision-making and the end of life process have been published in various journals. At law school in Windsor, Mark helped establish Hiatus House, an emergency shelter for victims of domestic violence. In London, he was president of the London Chamber of Commerce and a director of the Ontario Chamber; president of the Better Business Bureau and member of the Board of the Canadian Council of Better Business Bureau; a candidate in the 1990 provincial election, and; a director of the London Club. He helped establish Crimestoppers of London and also SARI--The Special Ability Riding Institute. Over 300 of Mark's restaurant reviews and food articles were published in the London Free Press. He also wrote a monthly Internet wine column for four years and still samples the occasional wine, but only for medicinal purposes. Mark Handelman, Firm Counsel, was called to the Ontario Bar in 1978. Until 2001, he practised law in London, Ontario, including civil litigation, criminal defence and prosecution. He was one of Ontario's first members of the Official Guardian Child Representation Program. Mark was appointed to the Consent & Capacity Board in 1998 and became a Vice Chair and Senior Lawyer Member in 2000. View profile

Job Titles:

• PARTNER

Nima is a Partner at WEL Partners. He practises primarily in estate, trust, and capacity litigation at both the trial and appellate level. Nima is also experienced in mental health and constitutional law. Prior to joining WEL Partners in 2022, Nima practised at a litigation boutique where he gained extensive experience in professional liability, appellate litigation, and constitutional challenges. As a member of Legal Aid Ontario's mental health panel, Nima appeared regularly before the Consent and Capacity Board. Nima graduated from Queen's University Faculty of Law in 2017. At Queen's Law, he was the President of the Law Students' Society, and he was awarded the course prize in negotiations and the Gavel Award for his contributions to student affairs. Prior to attending law school, Nima studied political theory and Mandarin at McGill University. Since 2018, Nima has been the Chair of the Law Society of Ontario's Equity Advisory Group. Nima is fluent in French and Farsi and he continues working on his Mandarin and Japanese. Memberships The Law Society of Ontario Mental Health Legal Committee Nima is a Partner at WEL Partners. He practises primarily in estate, trust, and capacity litigation at both the trial and appellate level. Nima completed his Juris Doctor at Queen's University and was called to the Ontario Bar in 2018. Prior to joining WEL Partners in 2022, Nima practiced at a litigation boutique where he gained extensive experience in professional liability, appellate litigation, and mental health law. Nima is fluent in French and Farsi and he continues working on his Mandarin and Japanese. View profile

Job Titles:

• Elder Financial Abuse
• Executive, Section Vice - Chair, 2017

Job Titles:

• Student

Oliver joined WEL Partners in October of 2022. Oliver holds a Masters in Law from University College London, a Qualifying Law Degree from the University of Kent (United Kingdom) and has recently completed his Legal Practice Course from the University of Law, London. Whilst in London, Oliver was a regular volunteer at the Marylebone soup kitchen which served as a place for shelter, food and community to London's homeless and elderly. Working with vulnerable isolated people was an enriching experience and exposed him to the complex challenges that they face. This reinforced his passion for effective legal practice and its role in helping people resolve personal challenges. Oliver has a particular interest in wills and estates, as well as the relationship between law and medical ethics, including end-of-life decisions, capacity and consent. Legal areas that play an important role in family life. He believes in the power of mediation and communication as a means for successful dispute resolution and is confident in his ability to helps clients navigate the sometimes complex world of law and legal practice. In his spare time, Oliver enjoys playing sports, travelling, volunteering and reading history. Oliver joined WEL Partners in October of 2022 as a Student. Oliver holds a Masters in Law from University College London, a Qualifying Law Degree from the University of Kent (United Kingdom) and has recently completed his Legal Practice Course from the University of Law, London. Oliver has a particular interest in wills and estates, as well as the relationship between law and medical ethics, including end-of-life decisions, capacity and consent. Legal areas that play an important role in family life. View profile

Job Titles:

• Clerk
• Law Clerk

Tracey Phinnemore joined WEL Partners in September 2018 as a Law Clerk. Tracey has over 25 years experience as a law clerk specializing in estates, trusts and tax. Prior to joining WEL Partners Tracey worked at a prominent law firm for 20 years. She has extensive experience administering complex estates and trusts and assisting with trust and guardianship/capacity litigation. She not only has a depth of knowledge in preparing estate accounts but also assisting with contentious passing of accounts. She has a BA in Geography and also completed the Seneca and Humber College law clerk programs. She is the former Education Chairperson for the Institute of Law Clerks of Ontario and assisted with the implementation of courses at colleges across the province, as well as the development of several fellowship level courses offered by the Institute. She has lectured to law clerk students at Humber and Seneca Colleges, and assisted in drafting materials on estate grants for advanced estates course offered by York University, Osgoode Hall Law School. Tracey joined WEL Partners in September 2018 as a Law Clerk bringing over 25 years experience as a law clerk specializing in estates, trusts and tax. View profile