Category Archives: Section 3

Conflict of Interest? – part 1

Posted on July 17, 2017 by

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 | Leave a comment

Technically not incapable – but no need to seek instruction

Posted on July 13, 2017 by

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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Is Section 3 of Ontario’s Substitute Decision Act unconstitutional?

Posted on July 13, 2017 by

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 →

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Appeal Decision (2107 ONCA 0516) Analysis

Posted on June 27, 2017 by

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

Posted on June 26, 2017 by

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

Posted on June 25, 2017 by

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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Public Guardian

Posted on June 25, 2017 by

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 →

Posted in Law Reform, Public Guardian, Section 3 | Leave a comment