Lynn Donnelly

The Public Guardian and Trustee held statutory guardianship over an adult and refused an application by the adult's brother to replace it as guardian, finding the brother unsuitable to manage the adult's property and lacking a suitable management plan.

The application judge approved the Public Guardian and Trustee's refusal.

On appeal, the brother challenged the decision on grounds that the application judge failed to consider all evidence and misapplied the applicable test.

The Court of Appeal dismissed the appeal, finding no legal error, error in principle, or palpable or overriding errors of fact.

The court also rejected the appellant's request to adduce fresh evidence and declined to appoint a criminal lawyer to investigate alleged surveillance.

Two consolidated appeals concerning the scope of a judge's jurisdiction under section 36(2) of the Children's Law Reform Act to direct a police force to enforce a child custody and access order.

The motion judge ordered the Ontario Provincial Police to enforce a custody and access order in place of the Waterloo Regional Police Service due to an inherent conflict of interest arising from the father's membership in the WRPS and allegations that the WRPS had inappropriately intervened to further the father's interests.

The appellants argued the motion judge lacked authority to impose such an obligation and that only the Ontario Civilian Police Commission could determine whether a municipal police force had failed to provide adequate policing.

The Court of Appeal dismissed the appeals, holding that section 36(2) permits a judge to specify any police force having jurisdiction in the area where the child may be found, and that in exceptional circumstances such as this, a judge may order the OPP to assist where the municipal police force cannot act due to a conflict of interest.