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The court declared Benno Woike a person under disability and appointed Sonja Keserich as his litigation guardian in a shareholder dispute over Running W shares.
The court dismissed an application to appoint a litigation guardian, finding the evidence did not establish mental incompetence under Rule 20-3(10).
The Federal Court held each plaintiff must serve a separate affidavit of documents. It also set steps to regularize representation for a deceased plaintiff and two allegedly incapacitated plaintiffs.
The Court of Appeal dismissed an appeal over appointment of a committee for an adult with Down Syndrome, holding best interests controlled and the factual error was immaterial.
The appeal is dismissed because the application judge did not commit reversible error: she considered the appellant's responding materials, lawfully exercised her discretion in refusing an adjournment in light of prejudice to the mother, and properly treated the counter-application as effectively resolved by her adjudication of the intertwined issues; her costs decisions were within statutory discretion and s.3(2) SDA does not preclude party-and-party cost awards against the appellant.
Source excerpt
La Cour d’appel rejette la demande de Mme Walker visant à faire examiner son frère par deux médecins pour obtenir de nouvelles affidavits d’incapacité en appel.
The court appointed Margaret M. Kierans committee of Paul Bernard Kierans’ person and estate, finding she best protected his interests and remained closely involved in his care.
The court held that Doris Nazaroff’s will gave Wallace Nazaroff a life estate in the property, not merely a licence, and rejected most of Nataline Swift’s vesting and eviction claims.
The court found Chee Ping Fung incapable under the Patients Property Act and appointed Rudolf Yiu Sang Li as committee of her person and estate.
Court declared Bertha Corbett incapable under the Patients Property Act and appointed Mary Hearnden and Christina Bareti as joint and several committees, with protective conditions.
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