Canada Case Law

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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Re Binder (Patients Property Act)

Court

Supreme Court of British Columbia

The court invoked its inherent parens patriae jurisdiction to declare Johann Binder incapable, appoint Hans Binder as committee, and authorize sale of BC property.

• Incapacity declaration
• Appointment of committee under ppa
• Recognition of foreign guardianship orders
• Admissibility of foreign medical evidence
• Statutory lacuna
• Inherent jurisdiction

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Zeiler v. Zeiler

Court

Supreme Court of British Columbia

The court removed Tracie Zeiler as committee and appointed Trish White and Gerald Onischak as private committees for Holly Zeiler, limited to 10 years.

• Appointment of committee
• Removal of committee
• Best interests assessment
• Capacity assessment
• Security for committees
• Committee-appointment

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Harrington v. Margerison

Court

Supreme Court of British Columbia

Assessment of special costs in a contested committeeship petition under the Patients Property Act. The court allowed Bevan Harrington $21,000 all-inclusive plus disbursements.

• Committeeship appointment
• Special costs assessment
• Bill of costs
• Retainer and fees
• Affidavit evidence
• Special-costs

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Moore v. The Public Trustee of British Columbia

Court

Supreme Court of British Columbia

The court granted a petition under the Patients Property Act, found Elsie Rumming incapable of managing herself or her affairs, appointed Dennis Dean Moore as Committee, and ordered costs and a bond.

• Appointment of committee
• Capacity determination
• Bond requirement
• Costs recovery
• Patients property act
• Guardianship-and-trusteeship

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Kartsonas v. Kartsonas

Court

British Columbia Court of Appeal

The Court of Appeal set aside a committeeship order, finding the medical affidavit was too ambiguous to satisfy the Patients Property Act, and directed a capacity assessment.

• Capacity to manage affairs
• Committeeship appointment
• Medical affidavit requirements
• Statutory assessment under s.5(1)(b)
• Undue influence
• Capacity-to-manage-affairs

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Kartsonas v. Kartsonas

Court

Supreme Court of British Columbia

The court declared Christophoros Kartsonas incapable of managing his financial affairs under the Patients Property Act, but made no declaration about personal care.

• Incapacity under patients property act s.3(1)
• Appointment of committee
• Undue influence
• Medical affidavit requirements
• Presumption of capacity
• Patients-property-act

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Atchison v. Carlson et al

Court

Supreme Court of British Columbia

The court declared Karen Carlson incapable of managing her person, appointed Carol Atchison as committee of the person, and denied the request for production of documents.

• Declaration of incapacity
• Appointment of committee of the person
• Appointment of committee of the estate
• Admissibility and sufficiency of medical evidence
• Production of documents
• Declaration-of-incapacity

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K.C.W. v. F.X.L.

Court

Supreme Court of British Columbia

The court awarded costs to F.X.L. against K.C.W.’s estate on Scale 3, but declined to order personal costs against the committee J.W.

• Costs
• Litigation guardian liability
• Division of family assets
• Jurisdiction of public guardian and trustee
• Family-law-costs
• Litigation-guardian-liability

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In the Matter of the Patients Property Act and Dorothy Marie Moore

Court

Supreme Court of British Columbia

The court refused to appoint Dorothy Moore’s husband as committee under the Patients Property Act and appointed the Public Guardian and Trustee instead.

• Appointment of committee
• Best interests of incapacitated person
• Conflict of interest
• Role of public guardian and trustee
• Committee-appointment
• Public-guardian-and-trustee

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