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The court rejected claims of resulting trust, undue influence, and Wills Variation Act relief concerning joint bank accounts and the motherâs will, but held the jewellery was estate property.
The court appointed M.K.A. as guardian because independent medical evidence established L.R.S. lacked capacity to make a reasoned choice of guardian, L.R.S.'s expressed wishes were unreliable given dementia and the circumstances of execution, M.K.A. had been the de facto carer acting in L.R.S.'s best interests, and any financial control remained with the husband/trust so appointment did not risk financial harm.
Source excerpt
Family property dispute over Vancouver real estate, trusts and accounting. Court rejected the defendantsâ main denial, awarded Stephanie damages, dismissed Philipâs claim, and held the Nanton Avenue property on trust for the fatherâs estate.
The court declared Christophoros Kartsonas incapable of managing his financial affairs under the Patients Property Act, but made no declaration about personal care.
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