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Canada Case Law

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Capacity and guardianship 2024 BCCA 120

Walker v. Kierans

The Court of Appeal dismissed an appeal over appointment of a committee for an adult with Down Syndrome, holding best interests controlled and the factual error was immaterial.

  • Appointment of committee
  • Best interests of the patient
  • Residency of proposed committee
  • Appellate review of factual findings
  • Committee-appointment
  • Best-interests
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Capacity law 2020 BCSC 157

Cameron (Re)

The court declared Margaret Cameron incapable under the Patients Property Act, but sent the committee-appointment issues to trial because triable issues remained.

  • Patients property act section 3 declaration
  • Ppa section 6 committee appointment
  • Ppa section 9 nomination by patient
  • Conversion of petition to action / triable issues
  • Best interests of the patient
  • Undue influence and nomination validity
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Capacity law 2016 BCSC 1136

McNally (Re)

The court declared Evangeline McNally incapable under the Patients Property Act and appointed Greg McNally as committee, holding Lynn Moyer had not properly applied.

  • Declaration of incapacity
  • Appointment of committee
  • Service requirements on public guardian and trustee
  • Parens patriae jurisdiction
  • Best interests of the patient
  • Declaration-of-incapacity
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.