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…
Dr. Shulman reflects on his experiences with COVID-19 in the Seniors Mental Health Unit at Mississauga Hospital.
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…
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…
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…
This was the frantic call I received from a daughter this past Friday. The hospital was discharging her 90 year old mother but had omitted to confirm that services and follow up medical appointments were in place. Now in many cases, this might not be a problem- depending on the…
The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians…
Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. I recently came across an article talking about death doulas. Yes, you read right, death doulas. While I’ve heard of doulas helping pregnant women come up…
This blog was written by Suzanne Singh Census numbers from 2016 revealed that seniors in Canada were outnumbering children for the first time in the survey’s history (StatCan 2016 census). It follows that with the tax base getting smaller and demand for health care services increasing, we can expect challenges….
Medically assistance in dying (MAID= Bill C14) for eligible Canadians was passed by federal legislation in June 2016. To recap, eligibility includes: Being 18 years and older and mentally competent Having a grievous and irremediable medical condition Making a voluntary request for MAID that is not the result of outside…
