Category Archives: Legal issues

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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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

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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

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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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Appeal Decisions (2017 ONCA 0516) part 1

The Appeal Decision can be found here, and a summary of the decision found here Section 3, Capacity and Acting under Instruction The panel had been asked to rule on when incapacity is official declared (on an assessment, on a … 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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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

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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

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A Far Greater Risk

One makes a Power of Attorney to insure your wishes and instructions are followed if you can no longer act for yourselve. In my mothers case that was the rather odd decision to appoint all her 4 children as attorneys … Continue reading

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Removing Property

Fiduciaries are supposed to act in the other persons interests.  The Substitute Decision Act says the guardian (and attorneys) are “a fiduciary whose powers and duties shall be exercised and performed diligently, with honesty and integrity and in good faith, … Continue reading

Posted in Fiduciary Duty, Legal issues, Power of Attorney, Section 3 | 1 Comment