The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1)…
Changes to MAiD laws will allow some patients whose deaths are foreseeable to provide advance directives regarding medical assistance in dying.
I recently had a very negative experience with the administration of one of the Long Term Care residences where our client has resided over the last four years. The PSW’s from a reputable home care company were told that they were no longer welcome in this facility. While I am…
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…
With the requirements for COVID-19 tests for entry into Canada and vaccines, the Canada Revenue Agency (CRA) was asked to comment on the availability of the medical expense tax credit (METC). Medical expenses which are eligible for the METC are limited to those described in our tax rules. If a…
As of July 7, 2021, Step 2 of the ‘Roadmap to Reopen’, restrictions on visitors to our Long Term Care settings have been opened up. In terms of vaccination requirements, the Ministry have required staff to either: Proof of vaccination Provide a documented medical reason for not being vaccinated Participate…
I had previously written about hospital acquired delirium https://eldercaring.ca/hospital-acquired-delirium/ which I believe merits reposting. Delirium is one of the 3 big ‘D’s that we see with our older clients. The other ‘D’’s are dementia and depression. Over this past year, in addition to Covid- people still got sick; especially common…
I speak with adult children daily who call because they are concerned that their parent is not doing well and they feel, needs help. I have found that the refusal to accept help may fall into a number of different categories. Denial: Refuse to accept reality of the situation Responsibility:…
Living for Today. I previously blogged about ‘buying the shoes’ which highlighted that life is short and we need to live each day to the fullest. COVID made that difficult; being restricted to your own home and restricted as to who you could see and what could you do. This…
