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Category Archives: Section 3
Professional Guardians – Pt. 1
Guardianship is the legal responsiblity for some aspect of a person’s life which they are unable to manage on their own. It is a fiduciary relationship which requires the guardian to act honestly, in good faith, and strictly in the … Continue reading
Posted in BMO, Fiduciary Duty, Legal issues, Section 3
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Premier Wynne – PGT needs oversight to end Elder Abuse
On November 7, 2017 Premier Wynne promised $6 million to establish a consumer protection program to safeguard seniors from financial abuse and to help prevent physical abuse. If Premier wants to combat financial & physical abuse she should increase oversight and … Continue reading
Posted in Attorney General, BMO, Capacity, Elder Abuse, Fiduciary Duty, Public Guardian, Section 3
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Responding to Michael Childs claim of Defamation
You have been advised that any actions taken as litigation guardian require you to be represented by counsel. You have not provided the name of your counsel. On April 25, 2015 you were ordered to return Mom and her belongings … Continue reading
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
Posted in Legal issues, Section 3
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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
Posted in Judges, Legal issues, Section 3
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Instructions vs Wishes
A comparison of Mrs. Childs instructions to Section 3 reported May 14, 2015 and her wishes and observations reported by the capacity assessor on May 25, 2014 is instructive: Section 3 states “Mrs Childs wishes to live in her own … Continue reading
Posted in Capacity, Section 3, Uncategorized
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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
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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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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