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Category Archives: Legal issues
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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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
Posted in Legal issues, 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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Law Firms Analysis of Decisions
Below are law firms that have reviewed the various Decisions (2015 ONSC 4036, 2015 ONCS 6616, & 2017 ONCA 0516) with my comments and thoughts in italics. If you write a review please contact me so i can add. Adrian … Continue reading
Posted in Decisions, Legal issues
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Appeal Decision (2107 ONCA 0516) Analysis
The Commission of Ontario – after extensive study regarding the courts application of law and rights where competence is at issue, recommend a special court be set up with expertise competence and a detailed understanding of the relevant laws. The … Continue reading
Posted in BMO, Decisions, Legal issues, Public Guardian, Section 3
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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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