Earl v. Gillesse
The trial judge erred by treating a motion for a time‑limited guardianship appointment as an application for permanent guardianship and by failing to apply s.58(2)(a) of the Substitute Decisions Act; accordingly the appeal is allowed and the order below is set aside.
Source-derived case information.
- Citation
- 2011 ONCA 614
- Parties
- Appellant: Janine Holly Earl; Respondent: Gabrielle Elainore Gillesse
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 September 2011
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Judgment
- Outcome
- Appeal allowed; order below set aside
- Legal Topics
- Time‑limited Guardianship, Permanent Guardianship, Judicial Jurisdiction, Mediation Facilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janine Holly Earl
Appellant
Gabrielle Elainore Gillesse
Respondent
Procedural Posture
Civil Appeal / Appeal From Superior Court Judgment
Legal Issues
- 1 Whether the motion sought a time‑limited guardianship appointment or permanent guardianship
- 2 Whether the trial judge had power under s.58(2)(a) of the Substitute Decisions Act to make a time‑limited appointment
- 3 Whether the trial judge erred in characterizing the motion and denying relief as a result
Ratio Decidendi
The trial judge erred by treating a motion for a time‑limited guardianship appointment as an application for permanent guardianship and by failing to apply s.58(2)(a) of the Substitute Decisions Act; accordingly the appeal is allowed and the order below is set aside.
Court Disposition
Appeal allowed; order below set aside
Orders
- Order below set aside
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
Earl v. Gillesse Collection Decisions of the Court of Appeal Date 2011-09-28 Neutral citation 2011 ONCA 614 Docket numbers C53544 Judges Doherty, David H.; Weiler, Karen Merle Magnuson; Laskin, John Ivan Subject Civil Decision Content CITATION: Earl v. Gillesse, 2011 ONCA 614 DATE: 20110926 DOCKET: C53544 COURT OF APPEAL FOR ONTARIO Doherty, Weiler and Laskin JJ.A. BETWEEN Janine Holly Earl Appellant and Gabrielle Elainore Gillesse Respondent Janine Holly Earl, appearing in person Kenneth J.M. Coull, for the respondent Heard: September 23, 2011 On appeal from the judgment of Justice H.R. McLean of the Superior Court of Justice dated March 15, 2011. APPEAL BOOK ENDORSEMENT [1] Unfortunately, the judge treated this as an application to determine permanent guardianship of Gabrielle when in fact this was a motion for a time limited appointment to allow the appellant to obtain the necessary medical assessments. The judge appeared to believe that he had no power to make such an order. The power is granted under s. 58(2)(a) of the Substitute Decisions Act. [2] The appeal is allowed and the order is set aside. [3] The parties have agreed to mediate this matter and related medical assessments of Gabrielle. The court will facilitate the mediation. Hopefully, the parties will reach an agreement. In the event they are unable to do so, either party may initiate or continue proceedings for time limited or permanent guardianship under the Act.