E. Roy

The plaintiffs brought an action against a child welfare agency following the suicide of a teenager in its care.

After the expiry of the two-year limitation period under the Trustee Act, the plaintiffs sought to add a doctor and a hospital as defendants, arguing that the late discovery of a clinical note constituted special circumstances or fraudulent concealment.

The moving parties brought summary judgment motions to dismiss the action against them as statute-barred.

The court granted the motions, finding no evidence of fraudulent concealment and concluding that the plaintiffs' delay in pursuing the action and seeking to add the parties did not justify extending the limitation period.

The appellant, an involuntary psychiatric patient diagnosed with schizoaffective disorder, appealed a decision of the Consent and Capacity Board confirming her attending physicians' finding that she was incapable of managing her property.

The appellant argued the assessment was flawed and that her limited income negated the need for property management.

The Superior Court of Justice applied a reasonableness standard of review and upheld the Board's decision.

The court found that the appellant's delusional beliefs regarding property ownership and marriage prevented her from understanding information relevant to her housing and discharge planning, thereby satisfying the test for incapacity.