Category Archives: Judges

Preventing a Miscarriage of Justice – Letter 1

Posted on November 19, 2018 by dignifiedcare

Below is the text of a letter sent to the Regional Senior Justice’s Office in an attempt to prevent a miscarriage of Justice. Dear Regional Senior Justice Service to all required parties (r. 74.18[3]) and notification of when a party … Continue reading →

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An (apparent) Total Disregard of Rights

Posted on July 26, 2017 by dignifiedcare

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?

Posted on July 23, 2017 by dignifiedcare

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

Posted on July 13, 2017 by dignifiedcare

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

Posted on June 26, 2017 by dignifiedcare

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)

Posted on June 25, 2017 by dignifiedcare

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

Posted on June 20, 2017 by dignifiedcare

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 →

Posted in Fiduciary Duty, Judges, Law Reform, Power of Attorney, Uncategorized | Leave a comment