Elder Law Published Cases

This was a successful appeal setting aside a chambers order that ordered the appellant to undergo examination of her competency. The Court of Appeal clarified much of the law regarding the powers of a court to investigate the capacity of an adult in Patients Property Act proceedings. It set aside the order and found that there is a two-stage analysis. First, the court must be satisfied on the affidavits of two medical practitioners that the adult is incapable of managing his or her affairs. Until there are two unequivocal affidavits, the court cannot proceed further to investigate the adult’s capacity. The Court found that s. 5(1)(b) of the Patients Property Act gives the Court of Appeal authority to order a medical examination as a remedy on an appeal from a s. 3 order, however, the Supreme Court does not have the same authority. The Court also considered whether the Parens Patria jurisdiction of the court would allow the court to “fill a legislative gap” to force the adult to undergo medical examination. The court found that there was no legislative gap due to the implementation of the Adult Guardianship Act.

Acted for the plaintiffs in recovering property that had been improperly transferred to grandchildren through misuse of a Power of Attorney. Also obtained a restraining order against an adult residing with a family member.

Opposed an application seeking committeeship of an elderly father’s estate, successfully demonstrating that the applicant was not acting in the father’s best interests.