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Public Guardian and Trustee appointed after concerns about competing attorneys’ management of incapable person’s property.
Application arising from a dispute over powers of attorney for property and personal care granted by an elderly individual diagnosed with Alzheimer’s disease.
Competing allegations were made that the son and a friend acting as attorney had each mismanaged the incapable person’s finances, including RRIF withdrawals and the sale of a residence.
The court found significant concerns with the administration of both attorneys and uncertainty regarding the grantor’s capacity when the powers of attorney were executed.
The court appointed the Public Guardian and Trustee as guardian of property in place of the existing attorney and ordered both former attorneys to provide proper accounts for review.
Appeal from Social Benefits Tribunal dismissed; no error of law or inadequate reasons found.
The appellant appealed a decision of the Social Benefits Tribunal which upheld the Director's finding that he was not a 'person with a disability' under the Ontario Disability Support Program Act, 1997.
The Tribunal found the appellant had a substantial impairment due to back pain but no substantial restriction in activities of daily living.
The Divisional Court dismissed the appeal, finding the standard of review was correctness for questions of law, the Tribunal did not apply an incorrect test, the evidentiary findings were open to the Tribunal, and the reasons were adequate.
Tribunal finalizes procedural order and timetable for managing multiple special diet allowance complaints.
The Human Rights Tribunal of Ontario issued an interim decision finalizing a procedural order to manage multiple complaints regarding the special diet allowance.
The order establishes a timetable for selecting lead cases, disclosing documents, identifying issues, and filing evidence and pleadings.
The Tribunal incorporated minor changes requested by the respondent and the clinic caseworkers representing the complainants.
The respondent's right to request a stay of proceedings due to concurrent litigation before the Social Benefits Tribunal was preserved.
Tribunal adopts lead case approach for 77 related complaints challenging special diet allowance regime.
The Human Rights Tribunal of Ontario held a case management conference to determine the procedure for 77 related complaints challenging the special diet allowance regime.
The Tribunal adopted a joint proposal by counsel to proceed with two to six lead cases to be heard together, finding it to be a fair, just, and expeditious manner of resolving the complex complaints.
The Tribunal also addressed privacy concerns by ordering that disclosure be exchanged only among parties to the lead cases and that lead complainants remain anonymous in public documents.
