RESOLVING
GRAVE DISPUTES BY JASON WARD


“Resolving Grave Disputes”, by Jason Ward of WARDS LAWYERSPC, relates to the bereavement and funeral services sector in Ontario (as of 2018), and was initially presented at the 2018 Six-Minute Estate Lawyers’ conference in Toronto, Ontario on May 3, 2018.

OVERVIEW

Key topics include: the Funeral, Burial and Cremation Services Act, 2002 (Ontario); bereavement sector (and regulation); funeral services, pre-needs, pre-planning and bereavement service contracts; decision-making authority for the disposal of human remains; rules for burial and cremation; interment and scattering rights; duties to follow for the disposition of human remains, including to family members; payment for funeral and burial expense and potential sources of funding; consumer protection for grieving and vulnerable consumer of funeral and bereavement products and services; the role of the Bereavement Authority of Ontario; unclaimed and abandoned dead bodies; exceptions to the right to immediate possession of a dead body; role of the coroner and the Coroners Act (Ontario); the expressed wishes of the deceased person; the religious, spiritual and other beliefs of the deceased person and his or her family members; alkaline hydrolysis, green burial and other alternatives to traditional burial and cremation; possessory claims for DNA and genetic materials from a dead body; disinterment and restrictions; scattering human remains; funeral expense insurance.

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