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Guardianship 2024 BCCA 378

Mendres v. Ramsay

Application by an unsuccessful appellant for special costs out of a patient’s estate was dismissed because the record did not justify the order.

  • Special costs
  • Patient estate
  • Committee appointment
  • Best interests of patient
  • Delay in proceedings
  • Exercise of judicial discretion
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Guardianship 2024 BCCA 211

Jagpal v. Samra

Application for security for costs granted in an appeal from a committee appointment order; the appellant was ordered to post $7,500 and the appeal was stayed.

  • Security for costs
  • Committee appointment
  • Judicial discretion and deference
  • Fresh evidence (rule 59)
  • Security-for-costs
  • Appeals
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Capacity and guardianship 2023 BCCA 137

Mendres v. Ramsay

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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Elder law 2022 BCSC 2418

Ramsay v. Edwards

The court found Valerie Edwards incapable of managing herself or her affairs and appointed Kenneth Ramsay and Marian Dashwood-Jones as committees, with restrictions and costs from the estate.

  • Committee appointment
  • Capacity determination
  • Power of attorney dispute
  • Restrictions on committee powers
  • Costs
  • Capacity-law
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Health law 2020 BCSC 580

Cameron (Re)

The court clarified costs in a Patients Property Act matter, awarding each sister special costs from the estate after finding incapacity and remitting committeeship to trial.

  • Capacity assessment
  • Committee appointment
  • Costs award
  • Conversion of petition to action
  • Public guardian and trustee
  • Capacity-assessment
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Trusts and estates 2018 BCSC 400

Anand (Re)

The court varied its earlier costs order and awarded the Public Guardian and Trustee special costs for the application hearing and costs submissions, with remaining costs at Scale B.

  • Committee appointment
  • Costs awards
  • Special costs
  • Statutory discretion
  • Settlement offers
  • Estate capacity to pay
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Trusts and estates 2018 BCSC 34

Anand (Re)

The court addressed whether David Anand should be removed as committee of Shane Anand’s estate for accounting lapses and conflicts, but allowed conditional continuation.

  • Committee appointment
  • Removal/rescission of committee
  • Accounting and passing of accounts
  • Best interests of patient
  • Conflict of interest
  • Gifts and expenditures from patient funds
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Family law 2016 BCSC 743

Forliti v. Forliti

The court varied a long-running parenting order to give Ms. Davenport final decision-making authority for significant matters, while keeping parenting time unchanged.

  • Parenting time
  • Guardianship
  • Committee appointment
  • Best interests of the child
  • Change of circumstances
  • Parenting coordinator
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Trusts and estates 2015 BCSC 1466

Peric v. Peric

The court declined to strike a civil claim challenging a property transfer, but removed the plaintiff’s litigation guardian for conflict and potential indirect benefit.

  • Abuse of process
  • Removal of litigation guardian
  • Validity of inter vivos transfer
  • Joint tenancy
  • Declaration of trust
  • Will validity
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Health law 2013 BCSC 566

James (Re)

The court held that Cindy Doreen Beka was not entitled to costs from the estate and ordered party-and-party costs, Scale B, for Douglas James against her.

  • Committee appointment
  • Costs
  • Best interests
  • Security for committee
  • Appeal from master
  • Committeeship
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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.