Disability

Total 80 Posts

Role of the Health Practitioner at Board Hearings: Recommendation for Reform

• • 1 Comment

The Consent and Capacity Board (“Board”) in Ontario is a quasi-judicial administrative tribunal which operates at arm’s length from the Ministry of Health. The Board convenes hearings and makes decisions under six pieces of legislation, but most hearings relate to the Health Care Consent Act (HCCA) and the Mental Health Act (MHA). According to the Board’s website,[i] over 5,200 hearings were convened in the 2019/2020 fiscal year. Applications to the….

Role of the Health Practitioner at Board Hearings: Recommendation for Reform Continue Reading »

Capacity Law, Courts, Disability, Guardianship, Healthcare

Dementia, Health Law and Discharge Planning Challenges

• • 1 Comment

A clinical dilemma: a patient was diagnosed with dementia in the mild-to-moderate stage requested to be discharged home from hospital to live alone despite the opinion of the attorney for personal care and property that the patient is unsafe to do so. The clinical opinion was also that the patient could not live independently safely. This resulted in the need to confine the patient in hospital involuntarily under the Mental….

Dementia, Health Law and Discharge Planning Challenges Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

• • 0 Comments

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 her property sustained water damage. A plumber determined that the pipes servicing a bathroom sink had a crack in the….

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Geriatric Care Management, In the News, Insurance, Power of Attorney, Property, Testamentary Capacity, Trustee

Disability Tax Credit

• • 0 Comments

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 taxpayer must have a certificate confirming they have a severe and prolonged impairment in physical or mental function, or be….

Disability Tax Credit Continue Reading »

Canada Revenue Agency, Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Tax Issues

MAID Update – Bill C-7

• • 0 Comments

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…..

MAID Update – Bill C-7 Continue Reading »

Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care

• • 3 Comments

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 a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….

Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care Continue Reading »

Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence
Scroll to Top