Healthcare

Total 44 Posts

Third Party Appeals of Healthcare Decisions

• • 2 Comments

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

Physical Restraint of Confused Seniors in Ontario Hospitals

• • 0 Comments

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

Had A Henson Trust Been Created? Tribunal Was Not Convinced

• • 0 Comments

Individuals can apply for support through government disability programs such as the Ontario Disability Support Program (“ODSP”) subject to maximums for levels of assets and income. For a single adult with no dependents applying under the ODSP the asset limit is currently $40,000. The OSDP regulations prescribe how assets are determined and creates several exemptions. Monies that are held not available to a recipient because they are held in a….

Had A Henson Trust Been Created? Tribunal Was Not Convinced Continue Reading »

Disability, Healthcare, In the News, Uncategorized

Disability Tax Credit Claim: Denied on Appeal

• • 3 Comments

As many of you know the Disability Tax Credit (DTC) is a credit to income tax otherwise payable, available for those with a severe or prolonged impairment. It is meant to provide some relief from the additional costs and expenses incurred associated with the impairment. I have written in the past that for many in and/or associated with the provision of tax advice and preparation, the application and qualification for ….

Disability Tax Credit Claim: Denied on Appeal Continue Reading »

Canada Revenue Agency, Caregiving, Courts, Disability, Elder Law, Healthcare, In the News, Uncategorized

Concerns about Consent for Cannabis Prescriptions in LTC

• • 2 Comments

Last month I wrote about the issue of consent for CPR, explaining that the Court in Wawrzyniak v. Livingstone confirmed that a physician’s duty is to his or her patient and not the interests of the substitute decision-maker (SDM). Treatments that are not believed to be in the interests of the patient and do not meet the standard of care do not need to be offered just because the SDM….

Concerns about Consent for Cannabis Prescriptions in LTC Continue Reading »

Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney
Scroll to Top