Canada Case Law

J.T. v. Newfoundland and Labrador Health Services (Director of Adult Protection, Central Zone)

Court

Newfoundland and Labrador Court of Appeal

The Court held that (1) the APA permits successive extensions of 30-day temporary orders provided each extension is judicially authorized; (2) the s.20(2) statutory test ('reasonable grounds to believe' and that the order is in the adult's best interests) applies to initial temporary orders and to extensions, with the reviewing judge required to reassess circumstances and timeliness at each renewal; (3) the judge did not err in applying the 'reasonable grounds to believe' standard to both elements and properly balanced protection and autonomy; (4) an APA temporary order may lawfully and tempo…

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• Temporary order extensions
• Standing to appeal
• Prematurity of appeal
• Best interests assessment
• Substitute decision maker authority
• Interaction of statutes (apa and ahcda)

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Mendres v. Ramsay

Court

British Columbia Court of Appeal

Court of Appeal dismissed an appeal from the appointment of committees over Valerie Anne Edwards, finding no reviewable error in the summary procedure or the assessment of best interests.

• Committee appointment
• Parens patriae jurisdiction
• Summary petition procedure
• Best interests assessment
• Weight of evidence
• Committee-appointment

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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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Nova Scotia (Minister of Community Services) v. C.R.

Court

Nova Scotia Family Court

On the balance of probabilities the Minister proved the children remain in need of protective services under s.22(2)(b),(g) and (k) due to the mother’s unresolved and inconsistently treated mental health issues (including features of borderline personality), ongoing risk of domestic violence, and neglect; less intrusive alternatives were attempted and failed; the paternal grandmother provides a stable, appropriate environment and is approved for adoption; the outside limit had been reached so dismissal was no viable option — accordingly permanent care and custody to the Minister (with adoptio…

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• Permanent care and custody
• Parenting and support act (psa)
• Protective services
• Neglect
• Domestic violence
• Therapeutic compliance

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Balducci v. Valeria

Court

Supreme Court of British Columbia

The court found Borghild Maria Valeria incapable of managing her affairs and appointed Ernest Valeria as committee of her estate, subject to conditions and PGT oversight.

• Incapacity declaration
• Appointment of committee/guardian
• Power of attorney revocation
• Fiduciary duty and accounting
• Public guardian and trustee oversight
• Best interests assessment

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Janisch (Re)

Court

Supreme Court of British Columbia

The court held that Alice Hastings Janisch was incapable of managing herself or her affairs under the Patients Property Act and appointed her daughter as committee.

• Appointment of committee
• Declaration of incapacity
• Medical affidavits as evidence
• Enduring power of attorney
• Best interests assessment
• Capacity-law

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Uragi (Re)

Court

Supreme Court of British Columbia

The court declared Chita Uragi incapable, appointed the Public Guardian and Trustee as committee of person and estate, and dismissed an application to authorize travel to Japan.

• Appointment of committee
• Termination of powers of attorney and representation agreements
• Best interests assessment
• Admissibility of hearsay regarding wishes of an incapable person
• Authorization for international travel of an incapable person
• Conflict of interest in fiduciary roles

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Stewart (Re)

Court

Supreme Court of British Columbia

The court found Hazel Stewart incapable of managing her person and affairs and appointed Maria Stewart as committee of both estate and person, subject to reporting and consultation conditions.

• Appointment of committee
• Declaration of incapacity
• Representation agreements
• Parens patriae jurisdiction
• Best interests assessment
• Accounts and fiduciary duties

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