Canada Case Law

A.S. v. Evergreen House Long Term Care

Court

Supreme Court of British Columbia

M.S. was lawfully admitted to EGH because the Public Guardian and Trustee provided substitute consent under s.22 HCCCFAA for an incapable adult; given that lawful admission and the regulatory framework governing residence and supervised leave, the petitioner failed to establish a legitimate ground to question the lawfulness of any deprivation of liberty, and habeas corpus is not the appropriate mechanism to relitigate the care team's decision to disqualify the petitioner as TSDM; the petition is dismissed.

Source excerpt

• Habeas corpus
• Involuntary detention
• Substitute decision-making
• Long-term care admission
• Consent to care
• Capacity assessment

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Vancouver Island Health Authority v. T.W

Court

Supreme Court of British Columbia

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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Adeli-Najafi v. Adeli-Najafi

Court

Supreme Court of British Columbia

The court set aside a dismissal for want of prosecution, finding the estate was not at fault for missing the chambers hearing and that justice favoured a merits hearing.

• Want of prosecution
• Rule 22-1(3) reconsideration
• Rule 22-7(7) dismissal for want of prosecution
• Substituted service
• Withdrawal of counsel (rule 22-6)
• Litigation guardian

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CA v Minister of Employment and Social Development and JA

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the application did not raise an arguable case that the General Division made any legal, factual or procedural error and the additional documents did not constitute new evidence that could change the outcome; GIS calculations are governed by the OAS Act and compassionate circumstances do not provide a statutory basis to vary those calculations.

Source excerpt

• Guaranteed income supplement
• Leave to appeal
• Ministerial income calculation
• Rrif withdrawal
• Compassionate grounds

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Miao v. Lee

Court

Supreme Court of British Columbia

The court dismissed an application to appoint the claimant’s daughter as litigation guardian, finding a sufficient conflict and lack of indifference in the family dispute.

• Appointment of litigation guardian
• Conflict of interest/indifference
• Validity and misuse of power of attorney
• Marriage agreement set aside
• Best interests of a dependent adult
• Role of public guardian and trustee

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Weitzel (Re)

Court

Supreme Court of British Columbia

The court dismissed a petition to set aside a 2019 power of attorney, found no undue influence or incapacity, and held it lacked jurisdiction to appoint a new health representative.

• Undue influence
• Power of attorney
• Representation agreement
• Capacity
• Revocation
• Costs

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Giann v. Giannopoulos

Court

Court of Appeal for Ontario

The appellants failed to meet the Neuberger minimal evidentiary threshold on the r.75.06 motion because the evidence, when properly weighed in the limited manner permitted, did not establish that the deceased lacked testamentary capacity in April 2021 nor that he was unduly influenced; the application judge’s factual findings and limited weighing were within principle and not palpably or overridingly erroneous, so his dismissal of the motion and denial of directions was upheld.

Source excerpt

• Testamentary capacity
• Undue influence
• Rule 75.06 documentary disclosure
• Inter vivos property transfer with right of survivorship
• Costs

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Jagpal v. Samra

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a committee appointment under the Patient's Property Act, upheld the incapacity finding, and rejected fresh evidence and bias arguments.

• Declaration of incapacity
• Appointment of committee
• Fresh evidence admission
• Procedural unfairness
• Judicial bias
• Ineffective assistance of counsel

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Meik (Re)

Court

Supreme Court of British Columbia

The court found Fernanda Meik incapable and appointed Sabina Ball as committee of the person and Heritage Trust Company as committee of the estate, with accounting issues sent to the Registrar.

• Appointment of committee
• Parens patriae jurisdiction
• Capacity determination
• Accounting and reimbursement
• Appointment of professional trustee
• Family conflict in estate management

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Jagpal (Re)

Court

Supreme Court of British Columbia

Costs ruling in a Patients Property Act committeeship: Sevina received special costs from the estate, the PGT also recovered special costs, and Rina was liable only for enforcement costs.

• Committeeship
• Capacity
• Costs awards
• Powers of attorney
• Taxation of legal accounts
• Litigation conduct

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