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Capacity/guardianship 2022 BCCA 418

Mok v. Wong

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
  • Conflict of interest
  • Patient's wishes
  • Parens patriae jurisdiction
  • Power of attorney
  • Committee-of-the-person
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Wills and estates 2021 BCSC 542

Cepuran v. Carlton

The court ordered a trial issue on Ana Cepuran’s capacity, directed two geriatric psychiatric examinations, and consolidated related trust and nullification petitions.

  • Committeeship
  • Alter ego trust
  • Revocation of enduring power of attorney
  • Capacity assessment
  • Parens patriae jurisdiction
  • Waiver of solicitor‑client privilege
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Elder law 2020 BCSC 1940

Nasely King (Re)

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.

  • Committeeship
  • Capacity
  • Appointment of committee
  • Litigation guardian
  • Conflict of interest
  • Management of family business
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Capacity/guardianship 2020 BCSC 689

Cho (Re)

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.

  • Declaration of incapacity
  • Appointment of committee
  • Interim relief
  • Notice requirements
  • Medical decision-making
  • Powers of attorney
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Contract law 2019 BCCA 86

Rehak v. Zalanfy Estate

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.

  • Enforceability of oral contracts
  • Section 59(3) law and equity act
  • Litigation guardian appointment
  • Summary trial procedure
  • Admissibility of audio recordings
  • Compensation for services/care
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Capacity/guardianship 2015 NSSC 57

E.A.B.(Re)

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…

  • Appointment of guardians
  • Solicitor and client costs
  • Party and party costs
  • Tariff calculation and 'amount involved'
  • Apportionment of costs
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Capacity/guardianship 2013 BCSC 650

Simons v. Simons

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.

  • Appointment of committee
  • Representation agreement
  • Capacity assessment
  • Public guardian and trustee involvement
  • Power of attorney disputes
  • Conflict of interest
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Capacity/guardianship 2008 BCSC 545

Frazer v. Frazer

Competing applications under the Patients Property Act led the court to declare Christina Bernice Frazer incapable and appoint Donald Frazer as committee without bond.

  • Appointment of committee
  • Incapacity declaration
  • Best interests standard
  • Appointment without bond
  • Capacity-guardianship
  • Elder-law
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Civil procedure 2006 BCSC 1968

Hanlon v. Juusola et al

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.

  • Dismissal for want of prosecution
  • Stay of proceedings
  • Appointment of litigation guardian/solicitor
  • Severance of issues
  • Res judicata/prior dismissal
  • Dismissal-for-want-of-prosecution
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Capacity/guardianship 2006 BCSC 234

Re Garrett-Jones (Patients Property Act)

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.

  • Appointment of committee
  • Incapacity
  • Patients property act
  • Family dispute
  • Capacity-guardianship
  • Elder-law
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