This appeal addressed the autonomy of adults with disabilities under parental charge, specifically concerning parenting orders under the Divorce Act for adults presumed capable.
The Court of Appeal found that the motion judge erred by making a temporary parenting order for a 26-year-old son with Down Syndrome without a specific determination of his capacity to make decisions about his residence and without affording him the opportunity to participate in the proceedings.
The court emphasized the common law presumption of capacity and the audi alteram partem principle, holding that an adult presumed capable must be served and given the right to be heard on matters affecting their fundamental rights.
The appeal was allowed, and the parenting order was set aside.
