September 13, 1999

To:Community Services Committee

From:H.W.O. Doyle

Subject:D. M.- Maintenance Arrears, Homes for the Aged

Purpose:

The purpose of this report is to obtain authority to commence legal action to recover the arrears of accommodation costs owed by D. M..

Funding Sources, Financial Implications and Impact Statement:

The amount of the arrears at this time is $33,165.92.

Recommendations:

It is recommended that authority be granted to commence court action against D.M., J. O. and M.L., to appeal any decision where warranted, to discontinue or settle any such claim or action where it is concluded that it is reasonable to do so and to execute any documents in furtherance thereof.

Council Reference/Background/History:

n/a

Comments and/or Discussion and/or Justification:

On December 30, 1993, D. M. was admitted to Bendale Acres Home for the Aged and remains a resident as of this date.

J. O. executed an agreement to pay for D. M.'s maintenance costs. J. O. failed to make the payments required by the agreement and as a result, arrears began to accumulate. In March, 1997, J. O. executed Minutes of Settlement whereby she agreed to repay the arrears outstanding at that time. The Minutes of Settlement were also executed by M. L., who is D. M.'s attorney pursuant to a valid Power of Attorney. J. O. and M. L. have failed to make the payments required by the Minutes of Settlement and the original admission agreement. The outstanding arrears as of July 1, 1999, are $33,165.92.

The General Manager of the Homes for the Aged Division has referred this delinquent account to the Legal Services Division for collection as all other means to satisfy the arrears have failed.

The Commissioner of Community Services concurs in this Report.

Conclusions:

Based on J. O. and M. L.'s history of non-payment of D. M.'s accommodation costs, it appears that legal action will be required to recover the outstanding arrears.

Contact Name:

Shirley Mathi392-2989

H.W.O. Doyle

City Solicitor

Legal Services