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The Supreme Court of British Columbia held that an Alberta guardianship-related enforcement order was properly registered in B.C. and enforceable as a B.C. order, but gave no further directions.
The court held that, under the Adult Guardianship Act, the Provincial Court must decide incapacity at a support-and-assistance hearing; the assessment is evidence, not binding.
The court held that the legal fees incurred by the administrators in removing the prior executor were reasonably incurred, furthered the administration of the estate, and are payable from the estate after taxation; the administrators acted honestly and reasonably and are relieved from personal liability under Trustee Act s.64 for omitting to seek solicitor-client costs; prior orders reflected party-party costs and cannot now be reopened to award solicitor-client costs payable into the estate; the court declined to order repayment by the administrators or counsel and directed updated accounts…
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The court removed Maurice as litigation guardian because his interests conflicted with Florence’s, appointed Denise as committee of the person, and appointed the Public Guardian and Trustee as committee of the estate.
Judicial review of the Public Guardian and Trustee’s investigation and account-freeze decisions was mostly dismissed, but the March 18, 2016 freeze had lapsed by statute.
The court restored the father’s guardianship but left parenting responsibilities with the mother, and upheld retroactive child support based on imputed income.
The Court dismissed the appeal because the Adult Protection Act and Public Trustee Act do not confer power on the Public Trustee to sell real property or to apply to the court for authority to sell in the manager role, and the court’s inherent, equitable or other statutory jurisdictions cannot be invoked to supply that absent statutory authority; any change must be made by the Legislature.
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Leave to appeal from an interim family law order was dismissed because appellate interference in custody-related interim orders is limited to exceptional circumstances.
The court held the minutes of settlement reflected an objective, binding agreement reached in good faith; although the formal 2004 order was made under infancy and expired at majority, the claimant was incompetent at mediation and the principles in Wu Estate/Smallman mean the agreement remained binding pending approval and, upon the claimant's death, the estate could enforce the settlement; accordingly the settlement for $295,000 was confirmed and approved.
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The court held that the death of a joint attorney constitutes 'cause' under s.5(1)(c) and s.5(1)(e) of the Powers of Attorney Act to permit substitution; because the surviving joint attorney was ready, willing and able to act and substitution served the best interests of the donor, the court allowed substitution of the deceased attorney with Colleen Wilson.
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