Category Archives: Public Guardian

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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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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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

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Calculating fees

The Substitute Decision Act sets out what you can charge an incapable person to manage their assets: 3% on capital and revenue received 3% on capital and revenue disbursed 3/5 of 1% care and management fee (annual value of assets) … 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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Section 3

A Recipe for Abuse If you’re incapable in Ontario you’re at risk. Ontario’s ill-defined and enforced Substitute Decision Act almost ensures if there is a dispute. The worst part is Section 3 which appoints a lawyer to for you when … 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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