Dale A. Turner

The applicant, S.B., sought guardianship of her adult daughter, A.L., for both property and personal care under the Substitute Decisions Act.

A.L., diagnosed with Autism Spectrum Disorder, Bi-Polar II, and intellectual disabilities, was found by a capacity assessor to be incapable of managing her finances and personal care.

The court granted the guardianship orders, deeming it the least restrictive option given A.L.'s fixed and limited functioning.

However, the court denied S.B.'s request for a broad apprehension order under s. 59(3) of the Act, interpreting the provision as limited to specific instances rather than a general delegation of power.

The Office of the Public Guardian and Trustee was served and provided input on the proposed plans but took no position on the incapacity finding.

The appellant, Charles Mark Hilton, appealed the dismissal of his 14B motion by Nicholson J., which sought to set aside previous orders made in divorce proceedings, including those issued after he was noted in default.

The appellant alleged that the respondent, Marlene Dale Hilton, committed fraud through misrepresentations and material omissions during the uncontested trial.

Nicholson J. had dismissed the motion on the basis that the appellant had not appealed the earlier orders.

The Court of Appeal allowed the appeal in part, clarifying that while some orders resulting from the appellant's default required an appeal, the allegations of the respondent's misrepresentations and material omissions should have been determined on their merits under r. 25(19)(a) of the Family Law Rules.

The matter was remitted to the Superior Court for a new hearing on these specific allegations.