This blog was written by Raluca Gondor You may know Britney Spears for her hit songs like Piece of Me, Toxic, and Criminal. But lurking behind a wildly successful career is a darker aspect of her life, one that may be foreshadowed by her song titles: Britney Spears’ conservatorship. Since…
Category: Capacity Law
Total 100 Posts
Changes to MAiD laws will allow some patients whose deaths are foreseeable to provide advance directives regarding medical assistance in dying.
The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth…
I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when…
Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v…
The 2021 Federal Budget included proposals that would see an expansion of the Disability Tax Credit to more Canadians. The Disability Tax Credit (DTC), with a value of $1,299 for 2021, is a non-refundable credit intended to offset the impact of disability-related costs. In order to claim this credit, a…
I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.
The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID.
Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make…
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…