Section 3 counsel: What is your role?

By Jonathan Friedman (December 3, 2020, 8:44 AM EST) -- Pursuant to s. 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the SDA), if an individual’s capacity is in issue as part of any proceeding under the SDA, the court may direct that the Office of the Public Guardian and Trustee arrange for legal representation to be provided for that person and the person shall be deemed to have the capacity to retain and instruct counsel....
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