Canada Case Law

J.T. v. Newfoundland and Labrador Health Services (Director of Adult Protection, Central Zone)

Court

Newfoundland and Labrador Court of Appeal

The Court held that (1) the APA permits successive extensions of 30-day temporary orders provided each extension is judicially authorized; (2) the s.20(2) statutory test ('reasonable grounds to believe' and that the order is in the adult's best interests) applies to initial temporary orders and to extensions, with the reviewing judge required to reassess circumstances and timeliness at each renewal; (3) the judge did not err in applying the 'reasonable grounds to believe' standard to both elements and properly balanced protection and autonomy; (4) an APA temporary order may lawfully and tempo…

Source excerpt

• Temporary order extensions
• Standing to appeal
• Prematurity of appeal
• Best interests assessment
• Substitute decision maker authority
• Interaction of statutes (apa and ahcda)

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Eyles v. Eyles

Court

Supreme Court of British Columbia

Applying the Gronnerud test the decisive criterion was whether the nominee was qualified, prepared and indifferent; evidence established Mr. Colin Allan Millar met that test (qualified as retired family lawyer, prepared to act pro bono, no demonstrated conflict or adverse interest), whereas Ms. McIntosh lacked evidentiary support of qualifications and independence; PGT cannot be compelled to act; accordingly the court appointed Millar as litigation guardian and awarded costs to the claimant.

Source excerpt

• Litigation guardian appointment
• Capacity assessment
• Conflict of interest/indifference
• Public guardian and trustee liability/refusal
• Costs

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King v. Vimhel

Court

Supreme Court of British Columbia

The court set aside a joint-tenancy transfer of a home after finding resulting trust and undue influence, and awarded $50,000 in punitive damages.

• Resulting trust
• Undue influence
• Punitive damages
• Joint tenancy
• Fraud
• Capacity

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R. v. Dahl

Court

British Columbia Court of Appeal

Court of Appeal allowed the Crown’s sentence appeal, set aside a 12-month conditional sentence, and substituted a 15-month prison term for failing to provide necessaries of life.

• Failing to provide the necessaries of life
• S. 215(2)(b) criminal code
• Denunciation and deterrence
• Proportionality
• S. 718.2(a)(iii) abuse of trust
• Conditional sentence order

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R. v. Brush

Court

Supreme Court of British Columbia

On sentence for failing to provide necessaries of life, the court imposed 18 months' imprisonment and 18 months' probation for prolonged neglect of a vulnerable adult.

• Failing to provide the necessaries of life
• Abuse of position of trust
• Conditional sentence
• Probation
• Denunciation and deterrence
• Proportionality

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R v. Gale

Court

Supreme Court of Nova Scotia

Although fraud involving an elderly victim and breach of trust normally attracts custody, the judge found that the combination of factors—first time offender, guilty plea, mental health and financial stressors, caregiver responsibilities, progress in treatment and supportive circumstances—constituted exceptional circumstances such that a suspended sentence with 12 months probation and a restitution order appropriately satisfied denunciation, general deterrence and rehabilitation.

Source excerpt

• Position of trust
• Restitution
• Suspended sentence
• Probation
• General deterrence
• Denunciation

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R. v. Barker

Court

Nova Scotia Provincial Court

Despite seriousness of exploiting an elderly, incapacitated victim and the availability of custodial sentences, the court found that factors including defendants' advanced ages, health, lack of criminal records, demonstrated remorse, agreement to restitution, and likelihood of remediation justified suspending sentence and imposing three-year probation with strict conditions and restitution orders, which is proportionate and consistent with sentencing principles and parity.

Source excerpt

• Fraud over $5000
• Capacity to contract
• Vulnerability of victim
• Sentencing parity
• Conditional sentence ineligibility
• Restitution orders

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R. v. Cain

Court

Nova Scotia Provincial Court

The court found the accused's evidence not credible, accepted the victim's credible testimony together with bank records and surveillance photos showing multiple withdrawals without consent, and concluded the Crown proved beyond a reasonable doubt that the accused committed fraud, unlawful use of a credit card, and possession of credit card data.

Source excerpt

• Fraud
• Unauthorized use of credit card
• Possession of credit card data
• Credibility assessment

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R. v. Hooyer

Court

Court of Appeal for Ontario

Convictions upheld because the trial judge permissibly rejected the appellant's testimony and found he knowingly converted the grantor's assets (mens rea established by knowledge and wilful blindness); sentencing upheld except that the indefinite prohibition under s.380.2(1) was vacated because it meaningfully impairs liberty/security, attracts the presumption against retrospectivity and there is no clear legislative intent to apply it to offences committed before enactment.

Source excerpt

• Theft
• Fraud
• Power of attorney
• Fiduciary duty
• Mens rea
• Restitution

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R. v. Fagan

Court

Court of Appeal for Ontario

The appeal is dismissed: the trial judge reasonably found the appellant exercised control over the elderly victim and committed repeated fraud and theft; the verdict was not unreasonable; and the restitution order and probation-linked low payment schedule were appropriate and reflected consideration of ability to pay.

Source excerpt

• Fraud
• Theft
• Restitution order
• Ability to pay
• Standard of appellate review

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