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

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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

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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

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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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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

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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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