Category Archives: Legal issues

Questions of National Interest

Canada’s aging population, the rise in dementia and the large intergenerational transfer of wealth creates conditions for disputes that pit self-interest against the persons capable and current wishes for their life. The person is not likely a participant in the … Continue reading

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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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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

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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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Is Section 3 of Ontario’s Substitute Decision Act unconstitutional?

In a recent Appeal court decision (2017 ONCA 516) the court lauded Section 3’s “advocacy” for her client. They had been asked to rule on when capacity was technically lost and how that relates to the “deemed ability to instruct” … Continue reading

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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

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