Category Archives: Judges

An (apparent) Total Disregard of Rights

In 2015 ONSC 4036   Justice Tranmer ruled Mrs. Childs was incapable for property and personal care. In August, on the technicality no order was entered, he allowed Section 3 to represent Mrs. Childs. That technicality did not alter Mrs. Childs … Continue reading

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Section 7 Charter Abuse?

Section 7 of the Canadian Charter of Rights enshrines every competent person full rights to autonomy and self-determination. Ontario’s Substitute Decision Act chips away at that, allowing appointment of counsel for a person whose capacity is at issue before the … Continue reading

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Technically not incapable – but no need to seek instruction

At [5] of the June Decision (2015 ONSC 4036) Justice Tranmer rules “There is no issue as to whether Mrs. Childs suffers from an incapacity as to her property and personal care. The materials establish this to be, unfortunately, the … Continue reading

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Appeal Decisions (2017 ONCA 0516) part 2

The Appeal Decision can be found here, and a summary of the decision found here. The June Decision which this section references can be found here The issue of whether the June 25, 2015 decision was to have Caroline, who … Continue reading

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December Decision (2015 ONSC 6616)

In his December Decision the Judge stated: I reject the suggestion by Caroline and Peter that they misunderstood my order or their actions since that order were solely intended to comply with that order. He refers repeatedly to paragraph 46 … Continue reading

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Competent Care

Dementia is a difficult disease – especially in the early years. First, it is imperceptible but gradually you are aware that your memory which underpins your reason and judgment, are going. And underneath it all is the recognition of loss … Continue reading

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