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Canada Case Law

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Adult guardianship 2025 BCSC 2505

Vancouver Island Health Authority v. T.W

The court granted Island Health’s petition, removed T.W. as E.W.’s representative, and declared him unfit to act as TSDM or to give substitute consent.

  • Representation agreement
  • Support and assistance order
  • Temporary substitute decision-maker
  • Capacity assessment
  • Medical assistance in dying (maid)
  • Self-neglect
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Trusts and trustees 2021 BCSC 1293

Drachenberg v. Evans

The court found Helen Evans competent to manage her affairs, ordered the condo proceeds released to her, and dismissed John Evans’s application for records and a trial referral.

  • Accounting
  • Revocation of power of attorney
  • Validity of transfers
  • Competence to execute documents
  • Solicitor-client privilege
  • Production of medical records
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Health care consent 2014 BCSC 165

Bentley v. Maplewood Seniors Care Society

The court held that Mrs. Bentley was capable of deciding whether to accept oral nutrition and hydration, and that spoon- or glass-feeding was personal care, not health care.

  • Capacity assessment
  • Advance directives
  • Substitute decision makers
  • Withdrawal of nutrition and hydration
  • Neglect under guardianship statute
  • Criminal liability for assisted suicide
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Adult guardianship 2013 NSSC 128

B.M. v. S.M.

The court appointed B. guardian of S.'s person because, applying the best interests standard, B.'s continuous caregiving, ongoing beneficial contact, demonstrated concern for S.'s welfare, and willingness to have the Public Trustee manage the estate outweighed the daughter's objections and unsupported allegations of abandonment.

  • Appointment of guardian of the person
  • Appointment of guardian of the estate
  • Best interests standard
  • Role of public trustee
  • Capacity to make personal care decisions
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Adult guardianship 2010 BCSC 1127

Lindberg v. Lindberg

The court saved a 2005 representation agreement, dismissed a petition for committeeship, and set aside an ex parte injunction over the respondent’s property.

  • Appointment of committee
  • Continuing effect of representation agreement
  • Setting aside ex parte injunction
  • Criteria for saving representation agreements under s.19 ppa
  • Test for interim injunction
  • Adult-guardianship
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.