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The court appointed Margaret M. Kierans committee of Paul Bernard Kierans’ person and estate, finding she best protected his interests and remained closely involved in his care.
The court refused leave for the derivative action as filed, but held the matter was not an abuse of process and allowed a narrowed claim against Diana Hu to be resubmitted.
The Court of Appeal affirmed the trial judge's refusal to convert the award to a structured periodic payment because under s.116 the court must order periodic payments only if they are in the plaintiff's best interests given all circumstances; here the plaintiff's credible financial plan, the material reduction in immediate cash under the defendant's proposal, the proposal's lack of guarantees, limited indexation tied to CPI and structural inflexibility justified refusing the defendant's offer; trial judge did not err procedurally in declining to re-craft the defendant's proposal and the appe…
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The Court of Appeal held that findings of the Consent and Capacity Board on whether there was an applicable prior capable wish and on the incapable person’s best interests are reviewed on a reasonableness standard; applying that standard the Board’s findings that there was no applicable prior capable wish and that the prescribed medication was in the patient’s best interests (and that the SDM failed to comply with s.21) were reasonable and the appeal was dismissed.
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