Dr. Sandra Black

The applicant brought a motion for a declaration that his mother was incapable of managing property and personal care, and to validate 2015 Powers of Attorney while invalidating 2017 revocations and 2019 Powers of Attorney.

The respondent sister opposed, arguing the mother lacked capacity in 2015 and was unduly influenced by the applicant.

Relying on a court-ordered capacity assessment by a neurologist, the court found the mother had capacity in 2015 but lacked capacity by 2017.

The court dismissed the respondent's allegations of undue influence, validated the 2015 Powers of Attorney, and declared the 2017 revocations and 2019 Powers of Attorney void ab initio.

The applicant, an elderly pedestrian, sustained a closed head injury when struck by a vehicle.

She claimed statutory accident benefits for care-giving services provided by her daughter and travel expenses for her granddaughter.

The arbitrator found that the accident materially contributed to the applicant's cognitive impairments.

However, applying the Court of Appeal's decision in Monochino, the arbitrator held that the applicant was not entitled to care-giver benefits because her daughter did not lose income and did not qualify as a professional care-giver.

The claim for travel expenses was dismissed as the trip was not for the applicant's benefit.

The claim for a special award was also dismissed.