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The court ordered limited production of the deceased’s medical records in a will-dispute application, but refused police and executor-held private records.
The motion was dismissed because no authority was shown for appointing a 'litigation guardian counsel' and, alternatively, the medical evidence did not provide the required opinion that the applicant was mentally incapable under Rule 7.04(1)(b) and the Substitute Decisions Act.
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The court invoked its inherent parens patriae jurisdiction to declare Johann Binder incapable, appoint Hans Binder as committee, and authorize sale of BC property.
The Court of Appeal has jurisdiction and discretion to reject a Notice of Abandonment where the appellant's capacity is in issue; accordingly the court will not accept immediate abandonment but will proceed to case management to develop an evidentiary record on capacity and may appoint counsel for that limited purpose.
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The court removed P.K.A. as litigation guardian for H.S.A., finding she had a personal interest in the proceeding and was not sufficiently disinterested.
The court varied prior capacity-assessment orders and held that Dr. Rogers’ January 2019 evaluation satisfied them, dismissing a request for a further assessment.
Because recently produced psychiatric evidence could not be ignored and a guardianship application in the Superior Court needed to be resolved, the Court of Appeal granted a short, time-limited adjournment of up to 60 days for the guardianship application to be heard, while retaining jurisdiction to hear the Rule 2.1 application and the appeal thereafter and imposing limits on further filings without leave.
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The Court of Appeal held that the Supreme Court possesses jurisdiction—both under s.6 of the Judicature Act, 1824 (continued in the current Judicature Act) and under its parens patriae jurisdiction—to appoint a guardian of the person with authority to make general future decisions; the applications judge erred in concluding otherwise. However, the existing evidentiary record was insufficient to make the factual findings required to grant guardianship, so the matter is remitted to the Supreme Court for a merits hearing applying specified principles.
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The Court upheld the application judge's finding that the propounder satisfied the burden of proof; evidence of alleged delusions was tenuous and disconnected from the will executed three months later, the only material change was the executor, and therefore delusions did not invalidate the will; appeal dismissed.
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The court dismissed a s. 57 Family Relations Act application, finding the claimant lacked capacity to form the intention to live separate and apart and could not manage her affairs.
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