Julius Dawn

The appellants appealed a decision allowing the severance of joint tenancies by a guardian of property.

They argued the severance constituted a change in testamentary disposition prohibited by s. 31(1) of the Substitute Decisions Act.

The Court of Appeal dismissed the appeal, finding that even if the severance was a testamentary disposition, it was permitted under s. 35.1(3)(a) as necessary to comply with the guardian's duties.

The Court also upheld the application judge's decision to reject the appellants' contradictory affidavit evidence without directing a trial.