3 total
Motion for capacity assessment deferred until newly appointed section 3 counsel can receive instructions.
The applicants brought an urgent motion seeking interim co-guardianship of their father and the appointment of section 3 counsel.
The court previously directed the Public Guardian and Trustee to appoint section 3 counsel.
On the continuation of the motion, the court granted certain relief on consent, including the provision of medical records and powers of attorney.
However, the court declined to order a capacity assessment or grant the applicants unfettered access to the father's medical providers until the newly appointed section 3 counsel had an opportunity to receive instructions and make submissions on his behalf.
Urgent motion for interim guardianship dismissed for lack of urgency; section 3 counsel appointed.
The applicants brought an urgent motion seeking to be appointed as interim co-guardians for the property and personal care of their father, and for the appointment of section 3 counsel to represent him in a pending guardianship application.
The applicants alleged that their brother, who holds powers of attorney, was mismanaging their father's care and isolating him.
The court found no immediate urgency regarding the father's health or care to justify altering the status quo on an urgent basis.
However, with the consent of all parties, the court directed the Public Guardian and Trustee to arrange legal representation for the father under section 3 of the Substitute Decisions Act, 1992.
Former estate trustees ordered to produce lawyers' estate administration files to succeeding trustee; privilege claims dismissed.
The succeeding estate trustee brought a motion to compel the former estate trustees to produce estate administration files from four law firms retained during their tenure.
The former estate trustees resisted, claiming solicitor-client privilege and arguing the request was unreasonable.
The court granted the motion, finding that the former estate trustees were bound by prior court orders to produce all estate administration records and that any claim of privilege failed because the advice was obtained for the benefit of the estate, creating a joint interest with the beneficiaries.
