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A Guide to Consent & Capacity Law in Ontario, 2013 Edition

Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433471882
Publication Date: 2012-09-30
 
Price: $78.00
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    Ontario’s Consent and Capacity Board adjudicates exclusively under the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004. Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.

    Highlights of This New Edition

    • New Consent and Capacity Board Policy Guideline 4: Policy for Handling Documents Sent to the CCB by Parties/Counsel in Advance of a Hearing.
    • Insights into recent key court and Consent and Capacity Board decisions including:
      • Gligorevic v. McMaster [2012] O.J. No. 721, regarding the right of the mentally ill to effective legal representation.
      • Rasouli (Litigation Guardian of) v. Sunnybrook Health Sciences Centre [2011] O.J. No. 2984 (C.A.), regarding the requirement for consent where physicians propose to withdraw a patient from life support and place him on end-of-life palliative care.

    Features and Benefits

    • Full text of the Substitute Decisions Act, 1992, the Health Care Consent Act, 1996, the Mental Health Act, the Personal Health Information Protection Act, 2004, and regulations and forms — Have the pertinent law available in one source.
    • Extensive expert commentary — Get an overview of the law and practice and insights into the individual acts, and apply them to your advantage.
    • An overview of consent and capacity law practice and the Consent and Capacity Board — Get the edge you need to successfully plead your case.

    Also includes the following

    • Powers of Attorney Act
    • Statutory Powers Procedure Act
    • Consent and Capacity Board’s rules of practice and forms
    • Relevant professional guidelines from the College of Nurses of Ontario, College of Physicians and Surgeons of Ontario, and Ontario College of Social Workers and Social Service Workers

    Who Will Benefit

    • Health lawyers who represent parties before the CCB and the courts in consent and capacity matters.
    • Wills and estates lawyers who advise on consent and capacity issues.
    • Judges and Justices of the Peace who issue orders for examination under the MHA and determine capacity issues in guardianship applications under the SDA.
    • Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the MHA.
    • Doctors who are called upon to treat patients who may be incapable to consent under the HCCA and to complete psychiatric assessment applications.
    • Capacity assessors who assess the capacity of individuals in relation to property and personal care under the SDA.
    • Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the MHA.
    • CCB members who are called upon daily to determine issues of involuntary committal and capacity.
    • Community mental health agencies who provide care to persons subject to Community Treatment Orders and others.

    Add This Resource to Your Library

    Butterworths A Guide to Consent & Capacity Law in Ontario, 2013 Edition is your guide to the law, prepared by the foremost experts in the field. Order your copy today!



    Billing Method: Annual Publication - Standing Order Terms Apply

    Commentary – Consent and Capacity Law in Ontario

    Substitute Decisions Act, 1992 – Commentary, Legislation & Forms

    Powers of Attorney Act – Legislation

    Health Care Consent Act, 1996 – Commentary, Legislation, Forms & Related Materials

    Mental Health Act – Commentary, Legislation & Forms

    Personal Health Information Protection Act, 2004 – Commentary, Legislation & Forms

    Mandatory Blood Testing Act, 2006 – Commentary & Legislation

    Statutory Powers Procedure Act – Commentary & Legislation

    Consent and Capacity Board – Introduction, Rules of Practice, Forms & Policy Guidelines

     

    D'Arcy Hiltz & Anita Szigeti


    Anita Szigeti and D’Arcy Hiltz are partners in the Toronto law firm of Hiltz Szigeti LLP. The firm’s practice focuses on mental health law litigation, including consent and capacity issues, guardianship and estate matters. The firm recently received a national award for outstanding legal advocacy in the area of mental health.

    Anita Szigeti was amicus curiae in the Starson case in the Supreme Court of Canada. She appears frequently in the Court of Appeal as amicus curiae to mentally disordered accused. She is also the Chair of the Mental Health Legal Committee and a former Chair of the Mental Health Law and Policy Advisory Committee to Legal Aid Ontario.

    D’Arcy Hiltz has been an advocate in the field of consent and capacity matters for over 20 years, acting as counsel to individuals with mental health issues, their families and physicians. He was Chair of the Ontario Psychiatric Review Board (Toronto East Region), the Senior Vice Chair of the Consent and Capacity Board for Ontario and the Regional Vice Chair of the Board for Toronto. He presided over thousands of hearings involving consent and capacity matters.

     

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