Total 80 Posts
Do you have to serve all respondents with all materials filed in an application? Only if the person has filed a notice of appearance or the court orders otherwise…..
Who Gets Served? Continue Reading »
Contested wills, Disability, Estate Litigation, Family Conflict, Practice Management, Wills
“If the Architect does indeed exist, I wish I could ask him… who am I, truly? Whence did I come? Whither am I headed?” – Jin, Xenoblade Chronicles 2 While I usually tend to write about interesting hypothetical legal issues with respect to estates, trusts and family law, I wanted to take today as an opportunity to write a more personal blog post and share a bit about my own….
Aging, Memory, Existentialism and Xenoblade Chronicles 2 Continue Reading »
Caregiving, Disability, Elder Care
As reported in the media[i] [ii] [iii], Nova Scotia’s appeals court recently heard a case involving a woman who is trying to stop her husband from receiving medical assistance in dying (MAiD). The woman is appealing a lower court decision that rejected her request for an interlocutory injunction against her husband until the full case can be heard on its merits. The man’s request for MAiD was clinically approved and….
Third Party Appeals of Healthcare Decisions Continue Reading »
Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Healthcare, In the News, Medical Assistance in Dying, Spouse
Section 7 of the Health Care Consent Act (1996)[i] provides direction for restraint and confinement in a care facility. It states: “This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others.” Nonetheless, the Patient Restraints Minimization Act (2001)[ii] was passed in Ontario to discourage the use….
Physical Restraint of Confused Seniors in Ontario Hospitals Continue Reading »
Disability, Elder Care, Elder Law, Geriatric Care Management, Healthcare
While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants…..
Guardian of Personal Care: Step Up or Step Out Continue Reading »
Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship DisputesIn a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability of the HBP to purchase a home that is located in a district where their disabled daughter could attend a….
Home Buyer’s Plan and Disabled Family Member Continue Reading »
Canada Revenue Agency, Dependant Support, Disability, In the News, Real Estate, Spouse, Tax Issues, Uncategorized