Emily Griffith

The appellant sought to appeal an order appointing the Public Guardian and Trustee as his legal representative after he was found to be a special party.

The Court of Appeal quashed the appeal, holding that the order was interlocutory as it related to a procedural question and not the merits of the proceeding, meaning the court lacked jurisdiction to hear the appeal.

The litigation guardian for a plaintiff previously declared a person under disability brought a motion under Rule 7.08 of the Rules of Civil Procedure seeking court approval of a settlement dismissing the action without costs.

The plaintiff opposed the settlement and sought removal of the litigation guardian, asserting he was no longer under disability.

The court reviewed psychiatric evidence and the plaintiff’s conduct during the proceedings and found he remained incapable of appreciating the reasonably foreseeable consequences of litigation decisions.

The court further concluded the proposed settlement was in the plaintiff’s best interests given limitation issues, weak evidentiary support, and significant litigation risk.

The motion to remove the litigation guardian was denied and the settlement was approved.

The appellant appealed a decision finding that a continuing power of attorney was invalid and that she was not a suitable guardian of property for the respondent.

The Court of Appeal dismissed the appeal, finding ample evidence to support the lower court's findings and no error in the reasons for judgment.