Dr. Mark Ferland

This case involved two consolidated applications under the Substitute Decisions Act, 1992, where two parents each sought to be appointed sole guardian of property and personal care for their adult son with autism.

The court found the son incapable of managing his property and personal care (except clothing).

The decision focused on determining which parent was more likely to fulfill the duties of a guardian, including fostering contact with family and friends, consulting with supportive individuals, and promoting the son's independence.

The court gave limited weight to the son's expressed wishes due to concerns about their independence and potential influence.

Ultimately, the court appointed the mother as the sole guardian, concluding that it was in the son's best interest and that she was more likely to fulfill the guardian's duties effectively.

This application sought court approval for the settlement of a Statutory Accident Benefits (SABS) claim, a contingency fee retainer agreement, and the proposed solicitor-client account for a catastrophically impaired applicant.

The court approved the $935,000 SABS settlement, finding it reasonable despite delays and erosion of the lump sum.

However, the contingency fee agreement was dismissed due to non-compliance with the Solicitors Act and its regulations.

The solicitor-client account was approved on a fee-for-service basis, with some disbursements disallowed, resulting in a fixed amount of $193,365.43.

The defendant lawyer brought a motion for summary judgment to dismiss the plaintiff's action for solicitor negligence.

The plaintiff had retained the defendant to pursue a medical malpractice claim, but the defendant advised her to discontinue the action after an expert concluded there was no case.

The plaintiff sued the defendant for damages, alleging breach of trust and negligence, particularly regarding the administrative dismissal of her underlying action.

The court granted the summary judgment motion, finding the plaintiff failed to provide any evidence of wrongdoing, breach of standard of care, or damages caused by the defendant.