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Canada Case Law

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Estate and trust law 2024 BCSC 1197

Cameron (Re)

The court largely refused to reopen a passing of accounts, but corrected a few errors and varied the allowed 2023 accounts to $279,660.41.

  • Passing of accounts
  • Reconsideration/reopening
  • Admission of fresh evidence
  • Committee compensation
  • Allocation of expenses
  • Budgets and pre-take
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Capacity law 2020 BCSC 195

Morrison (Re)

The court declared Marion Gail Morrison incapable of managing herself and her affairs and appointed Milton Swain as committee, subject to security conditions.

  • Declaration of incapacity
  • Appointment of committee
  • Power of attorney
  • Public guardian and trustee oversight
  • Best interests
  • Declaration-of-incapacity
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Estate and trust law 2016 BCSC 261

Clay (Re)

The court held that Dr. Clay’s representation agreement was terminated by operation of s. 19 of the Patients Property Act after he was declared incapable of managing his affairs.

  • Representation agreement
  • Patients property act s.19
  • Termination of powers of attorney
  • Appointment of committee
  • Discretion to uphold representation agreement
  • Parens patriae jurisdiction
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Guardianship C30827

Waffle (Public Guardian and Trustee of) v. Duggan

Given the entrenched distrust among family members, concerns about how either side would manage the incapable person's property, and the Public Guardian and Trustee's willingness to remain as statutory guardian, the Court of Appeal concluded that neither competing private applicant should replace the Public Guardian and Trustee and set aside the trial judge's appointment of the sons as guardians.

  • Appointment of statutory guardian
  • Substitute decisions act interpretation
  • Duties of guardian of property
  • Public guardian and trustee role
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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.