Court of Appeal for Ontario
Before: Doherty, Weiler and Laskin JJ.A.
Between:
Janine Holly Earl
Appellant
and
Gabrielle Elainore Gillesse
Respondent
Counsel:
Janine Holly Earl, appearing in person
Kenneth J.M. Coull, for the respondent
Heard: September 23, 2011
On appeal from the judgment of Justice H.R. McLean of the Superior Court of Justice dated March 15, 2011.
APPEAL BOOK ENDORSEMENT
1Unfortunately, the judge treated this as an application to determine permanent guardianship of Gabrielle when in fact this was a motion for a time limited appointment to allow the appellant to obtain the necessary medical assessments. The judge appeared to believe that he had no power to make such an order. The power is granted under s. 58(2)(a) of the Substitute Decisions Act.
2The appeal is allowed and the order is set aside.
3The parties have agreed to mediate this matter and related medical assessments of Gabrielle. The court will facilitate the mediation. Hopefully, the parties will reach an agreement. In the event they are unable to do so, either party may initiate or continue proceedings for time limited or permanent guardianship under the Act.