SDA Case Law Update – Can Section 3 Counsel Be Forced to Testify Against Her Own Client On Aug 6, 2020, Justice Gilmore of the Toronto Estates List released an endorsement on an interesting issue where an adverse party attempted to compel evidence from Section 3 counsel. Section 3 Counsel as you may know is […]

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Most people are unaware of the rules for making substitute healthcare decisions for their incapable loved ones. The possibility that medical resources such as ventilators may be limited due to COVID-19 cases can only add to the stress and burden of substitute decision-making. Quarantine restrictions in health facilities have left substitute decisions makers (SDMs) without […]

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Yesterday, Quebec City police arrested a woman diagnosed with COVID-19 for defying a quarantine order. What are provincial and federal government powers to enforce a quarantine?  What other powers are available to governments to address public health emergencies such as COVID-19? Legislation exists at both provincial and federal levels to tackle such issues. Ontario – […]

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Today, a judge of the Superior Court of Justice ordered bail in a bail review case in part due to concerns over potential outbreaks of COVID-19 within Ontario prisons.  In R. v. J.S., the court found a material change in circumstances and granted bail, specifically commenting as follows: “In my view, the greatly elevated risk […]

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Mercedes Perez successfully represented a patient detained at the Waypoint Centre for Mental Health Care in a hospital transfer appeal. The patient had been civilly detained at Waypoint’s maximum secure unit pursuant to provisions in Ontario’s Mental Health Act. He applied to the Consent and Capacity Board for a transfer to the North Bay Regional […]

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Mercedes Perez, appointed by the Superior Court of Justice as amicus curiae, successfully raised procedural fairness issues in an appeal from a treatment incapacity decision of the Consent and Capacity Board. The decision has been published in the March 15, 2019 edition of the Ontario Reports. The appellant suffered from schizaffective disorder and had been […]

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In Rae v. Collins, the Ontario Court of Justice considered the rarely invoked detention powers in Ontario’s Health Protection and Promotion Act (“HPPA”) in the context of a man infected with tuberculosis. In this unreported case, Mercedes Perez successfully argued that the quarantine detention powers should be subject to a minimally intrusive standard; that is, […]

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Kelley commented today in The Lawyer’s Daily, on mental capacity issues arising in the case of Canadian boxing legend George Chuvalo.  A recent ruling of the Superior Court (2018 ONSC 311) found that Mr. Chuvalo lacks mental capacity to decide whether to reconcile with his second wife.  Two of his adult children from his first […]

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The Law and Mental Disorder Association (LAMDA) has prepared an open letter to the anonymous donor of $100 million to the Centre for Addiction and Mental Health, urging that some portion of the very generous donation be directed to meet some of the needs of those suffering with mental health issues.  Perez Bryan Procope LLP […]

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The Law Commission of Ontario‘s Improving the Last Stages of Life project has entered its consultation phase. This project focuses on healthcare and healthcare transitions including palliative and end-of-life care. One important aspect of this is the burgeoning area of medical assistance in dying, which is now available to patients in Ontario that meet the […]

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