The British Columbia Court of Appeal dismissed an appeal over who should serve as committee of a patient’s person under the Patients Property Act, finding no reversible error.
Appointment of committee under patients property act
The court ordered a trial issue on Ana Cepuran’s capacity, directed two geriatric psychiatric examinations, and consolidated related trust and nullification petitions.
The court found Nasely King incapable of managing his person or affairs, appointed Yu Man Yim as committee of the person, and appointed his children as co-committees of the estate.
The court granted an interim declaration that Hyun Cho was incapable of managing her person and affairs and appointed Natalie Nobert as interim committee, subject to protective conditions.
The Court of Appeal dismissed an appeal from summary trial, finding no binding contract for the condominium sale, no proven entitlement to care compensation, and no reviewable error in appointing a litigation guardian.
Solicitor and client costs were refused because respondent's misconduct, while reprehensible, was not extraordinarily exceptional; party and party costs were awarded using Tariff A with the 'amount involved' placed in $65,001–$90,000 range but assessed on Scale 2, producing base party and party fees of $15,750 plus HST $2,362.50 and disbursements $2,577.61; a lump sum of $3,000 (for fees and HST) was added to increase recovery to about 50% of legal costs, yielding a total costs award of $23,690.11; allocation: respondents jointly and severally liable for disbursements and one‑half of fees and…
The court found Montague Simons incapable of managing himself or his affairs, appointed Jeffrey Simons as committee of person and estate, and refused to continue a later representation agreement.
Competing applications under the Patients Property Act led the court to declare Christina Bernice Frazer incapable and appoint Donald Frazer as committee without bond.
The court stayed a personal injury action for failure to file a statement of claim, required solicitor or litigation-guardian representation, and allowed later applications by defendants.
The court declared Paula Garrett-Jones incapable of managing herself or her affairs and appointed Charles Garrett-Jones as committee, with limits on capital access.