Louis Leibowitz

The appellant appealed a trial judge's decision confirming the validity of a Trust Agreement.

She argued the agreement defeated her interests in the matrimonial home under the Family Law Act, lacked certainty of subject matter, was signed under duress, and that the trial judge was functus officio when issuing supplementary reasons.

The Court of Appeal dismissed the appeal, finding the property was not a matrimonial home when the agreement was executed, the trust subject matter was certain, the trial judge was not functus officio as no order had been entered, and there was no basis to interfere with the finding that duress was not established.

The appellant appealed a decision appointing the Public Guardian and Trustee as his litigation guardian.

The Court of Appeal dismissed the appeal, finding no error in the motions judge's conclusion that the appellant was under a disability and unable to understand information relevant to making decisions in the litigation.