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Category Archives: Law Reform
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
Posted in Elder Abuse, Judges, Law Reform, Legal issues, Section 3
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Conflict of Interest? – part 1
The relationship between Section 3 and BMO has the appearance of a conflict of interest. Section 3 introduced BMO as part of an order to remove my mother from questionable care. At the time Mrs. Childs was telling, PSW’s and … Continue reading
Posted in Fiduciary Duty, Law Reform, Legal issues, Section 3
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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
Posted in Judges, Law Reform, Legal issues, Public Guardian, Section 3
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Submissions on Bill 148, the Fair Workplaces, Better Jobs Act
Is $0.65/hour a reasonable amount to pay anyone for work? Seems impossible but that is what a Judge in Ontario ordered a daughter be compensated for living away from her home and providing 24/7 caregiving to her rich mother. (2015onsc4036) … Continue reading
Posted in Attorney General, Care, Law Reform, Legal issues
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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
Posted in Care, Judges, Law Reform, Legal issues, Section 3
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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
Posted in Judges, Law Reform, Legal issues
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Public Guardian
I first contacted the Public Guardian and Trustee (PGT) in the summer of 2014 to report that my mother had been removed from her home against her wish. They said that she was not on file and did nothing. In … Continue reading
Posted in Law Reform, Public Guardian, Section 3
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Representation?
A Section 3 counsel can be appointed whenever a person who is potentially incapable faces a hearing over any guardianship matter. Their sole guidance in the substitute Decision Act is the incapable person is “deemed competence to retain and instruct … Continue reading
Posted in Elder Abuse, Law Reform, Legal issues, Public Guardian, Section 3
Tagged Childs vs Childs, Section 3
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Law Commission of Ontario
Below is my submission made to the Law Commission of Ontario study on guardianship I am one of the Childs in Childs vs Childs, a case under the Substitute Decision Act that is winding its way through the courts and … Continue reading
Posted in BMO, Law Reform, Legal issues, Public Guardian, Section 3
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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
Posted in Fiduciary Duty, Judges, Law Reform, Power of Attorney, Uncategorized
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