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Category Archives: Section 3
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
Posted in BMO, Decisions, Legal issues, Public Guardian, Section 3
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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
Posted in Care, Judges, Law Reform, Legal issues, Section 3
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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
Posted in Decisions, Legal issues, Section 3
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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
Posted in Law Reform, Public Guardian, Section 3
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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
Posted in BMO, Public Guardian, Section 3
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No oversight = no protection
Lawyer client privilege isolates incapable clients Continue reading
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
Posted in Elder Abuse, Law Reform, Legal issues, Public Guardian, Section 3
Tagged Childs vs Childs, Section 3
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Rules of Professional Conduct
Section 3 of the SDA describes counsel for the incapable person in 168 words, 55 of them cover deemed competence to retain and instruct counsel. The remaining 113 words deal with payment. There are no guidelines for Section 3’s duties. … Continue reading
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Manufacturing Incapacity
I cared for my Mother for 3 months ending on Feb 24, 2014. During those 3 months, my mother had dementia but that did not stop her from walking up and down stairs, washing and dressing herself and generally enjoying … Continue reading
Posted in Care, Dirty tricks, Fiduciary Duty, Section 3
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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
Posted in Public Guardian, Section 3
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