Henson trusts have been used since 1989[1], for the benefit of those who receive government benefits such the Ontario Disability Support Program. The Supreme Court of Canada considered the Henson trust for the first time almost three decades later. The Court’s decision in S.A. v Metro Vancouver Housing Corp[2] confirmed the validity of the Henson […]
Category: FAQ
Definitions
Guides
What is the Substitute Decisions Act? The Substitute Decisions Act, 1992 was enacted by the Ontario legislature in 1992 and came into effect on April 3, 1995. Subsequent amendments came into effect on March 29, 1996 at the same time that the earlier Consent to Treatment Act was repealed and replaced with the Health Care […]
The Ontario Public Guardian and Trustee (“PGT”) is a part of the Ontario Government. The PGT and Office of the Public Guardian and Trustee (“PGT Office”) operate under Ontario’s Ministry of the Attorney General. In this article, we will provide an overview of the PGT role and responsibilities. Who or what is the Public Guardian […]
SDM or Substitute Decision-Maker A substitute decision-maker (SDM for short) in Ontario is a person who is legally authorized to make decisions for a person who is mentally incapable of making the decision for themselves. Because decisions by an SDM limit individual autonomy, there are various laws, rules and procedures that apply to SDMs and […]
Last week I spoke at the Law Society of Ontario’s Annotated Guardianship Application 2021 program, which was co-chaired by Jan Goddard and Ian Wright. My topic was “Representation of a Person Alleged to Be Incapable”. I approached this topic by reviewing this question: If someone who is alleged to be incapable wants to retain you […]
SDA Case Law Update – Can Section 3 Counsel Be Forced to Testify Against Her Own Client On August 6, 2020, the Debono v. Debono endorsement (Superior Court of Justice – Ontario) was released. The proceeding involved an interesting issue: could an adverse party compel evidence from counsel who has been appointed for an allegedly […]