Guardianship

Total 84 Posts

Privacy, the Rule of Law, and Apotex Inc.

• • 0 Comments

The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….

Privacy, the Rule of Law, and Apotex Inc. Continue Reading »

Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, Interest

Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven

• • 1 Comment

In the March 2018 edition of Reader’s Digest, I came across an article called “State of Confusion”[i] about hospital acquired delirium and the negative consequences that can arise from it. (The author’s original article can be found online.)[ii] The editor’s letter “Decoding Delirium”[iii] in the same issue recounts her mother’s experience with hospital acquired delirium and her frustration with the delay in coming up with the diagnosis. My fellow blogger,….

Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven Continue Reading »

Caregiving, Elder Care, Geriatric Care Management, Guardianship, In the News

Capacity Evaluation of an Expressed Choice

• • 0 Comments

In law, expressed choices are not necessarily a reflection of capable decision making. For example, regarding testamentary capacity, the Ontario Court of Appeal in Hall v. Bennett Estate (2003)[i] stated in paragraphs 15 and 16 that it is not sufficient simply to show that a testator had the capacity to communicate his or her testamentary wishes. Those wishes must be shown to be the product of a sound and disposing….

Capacity Evaluation of an Expressed Choice Continue Reading »

Capacity Law, Elder Care, Elder Law, Family Conflict, Guardianship, Powers Of Attorney and Guardianship Disputes, Spouse

The SDA and Incapacity to Manage Personal Care – Additional Commentary on Limitations in Legislation

• • 1 Comment

Pursuant to Section 45 of the Substitute Decisions Act (SDA),[i] incapacity for personal care is defined as – A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, or is not able to appreciate the reasonable foreseeable consequences of a decision or lack of….

The SDA and Incapacity to Manage Personal Care – Additional Commentary on Limitations in Legislation Continue Reading »

Capacity Law, Guardianship, Power of Attorney

Removing an Joint Attorney for Property: A High Evidentiary Threshold

• • 0 Comments

Mere disagreement among joint attorneys is not enough to have one attorney removed from their role. A court will defer to the choice of attorney(s) made by the guarantor before they became incapable.  A party requires strong and compelling evidence of misconduct or neglect to remove an attorney. In White v. White, two brothers, Raymond and Mitchell, were jointly and severally appointed by their mother as her attorneys for property…..

Removing an Joint Attorney for Property: A High Evidentiary Threshold Continue Reading »

Capacity Law, Guardianship

Consolidate, for Efficiency’s Sake!

• • 0 Comments

The 2014 Supreme Court decision, Hryniak v Mauldin, directly addressed the need to increase access to justice. In that case, the Supreme Court clarified and broadened a court’s fact-finding powers on summary judgment motions with the goal of providing litigants a faster procedure in appropriate cases. In the same spirit, there are other procedural tools available to streamline court proceedings and eliminate redundancy. In particular, Rule 6 of the Rules….

Consolidate, for Efficiency’s Sake! Continue Reading »

Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top