The applicant son brought a motion seeking a capacity assessment of his 89-year-old mother, production of her medical and legal records, the striking of certain affidavits, and a preservation order over her assets, amidst a dispute with his sister over their mother's care and powers of attorney.
The respondent sister and mother brought cross-motions to lift the freeze on the mother's bank accounts and for reimbursement of expenses.
The court dismissed the request for a capacity assessment, finding it unnecessary and intrusive given existing assessments and the lack of urgency.
The court ordered limited production of medical and legal records, finding the applicant met the minimum evidentiary threshold.
The court struck portions of an interpreter's affidavit containing unqualified opinion evidence but left hearsay evidence for the application judge to weigh.
Finally, the court granted a preservation order over the mother's main bank account, while ordering the release of funds to reimburse the sister for care expenses and providing a monthly allowance for the mother's ongoing needs.
