Mohammad Akram, an incapable person with substantial property, had The Bank of Nova Scotia Trust Company appointed as interim guardian.
Due to persistent family disputes and non-cooperation, the interim guardian moved for its removal, the appointment of the Public Guardian and Trustee (PGT), and approval of its compensation and indemnification for legal fees.
The court determined it lacked authority to appoint the PGT as guardian without the PGT's consent and a formal application, especially since other family members expressed willingness to act.
The court denied the immediate removal of the interim guardian but varied the existing Order Giving Directions to establish a structured timetable for the appointment of a permanent guardian and mandatory mediation.
The court granted the interim guardian permission to pre-take compensation and indemnify itself for legal fees, and appointed the PGT as litigation guardian for the purpose of passing accounts.
