G. Verdicchio

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.

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.