Author: Randy Gribben

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Getting Wills and Powers of Attorney While Maintaining Physical Distancing Physical distancing has made getting valid Wills and Powers of Attorney for Property and Personal Care (POA's) more challenging than ever. That's because face-to-face meetings with lawyers and witnesses are not likely to happen. Thankfully, McGuinty Law...

26 April, 2020

Legal Rights in the Event You Can’t Meet Contractual Obligations Because of COVID-19 Anyone that has contractual obligations and can’t fulfil these obligations because of the COVID-19 pandemic should consult with a lawyer about their legal options. An example of a party that may not be able...

22 March, 2020

Is assisted death becoming a treatment for depression and the loss of hope rather than a tragic consequence of the two? Shouldn't we focus on better palliative care, rather than medically assisted death? According to a new study in the Canadian Medical Association Journal (CMAJ), 96...

08 March, 2020

About Mental Capacity Rules around testamentary capacity in Ontario state that the capacity required to create a valid will in the Province of Ontario is the highest degree of mental capacity at law (Re Banton). The testator must have a “sound disposing mind” to understand and...

25 January, 2019

Knowledge and Approval To establish testamentary capacity, the testator must have both knowledge and approval of the contents of his or her will. Approval suggests voluntariness. However, it is possible to have capacity that is not subject to undue influence, and yet still be unaware of...

03 January, 2019

I was interested to learn recently that the word “idiot” comes from the Greek word “idios,” meaning “private world.” Why would it be an insult to say that someone is stuck in his own private world? Because refusing to open up one’s mind to others...

03 October, 2018

The Elisabeth Bruyère Hospital’s complex palliative care facility has come under scrutiny in the Ottawa Citizen recently. The subtext seems to be that the Bruyère is a publicly funded institution, so it should permit medical assistance in dying (MAID) and related consultations on its premises...

11 September, 2018

A debate has erupted across Canadian society about due process in the era of #MeToo. Is there a way forward that preserves both the dignity of victims and the rights of the accused? Perhaps we can draw on the ethics of truth and reconciliation. The burden...

23 August, 2018

The new reality of palliative care in which we are living reminds me of the following tale. There once was a frail elderly man who lived with his son, daughter-in-law and four-year-old grandson. One day, the son became impatient with his elderly father, because in his...

09 August, 2018