DATE: 20030903
DOCKET: C39342

COURT OF APPEAL FOR ONTARIO

RE:

GAIL DONOHUE and JOE CROZIER (Applicants/Respondents in appeal) -and- MAXWELL CROZIER (Respondent/ Appellant) -and- THE PUBLIC GUARDIAN AND TRUSTEE (Respondent/Respondent in appeal)

BEFORE:

LABROSSE, ABELLA and CRONK JJ.A.

COUNSEL:

Graham Webb for the respondent/appellant

John E. Johnson for the applicants/respondents in appeal

Laurie S. Redden for the respondent/respondent in appeal

HEARD & ENDORSED:

September 3, 2003

On appeal from the judgment of Justice Bernard Joseph Manton of the Superior Court of Justice dated December 13, 2002.

APPEAL BOOK ENDORSEMENT

[1] It is not in dispute that everyone involved in the matter acted out of concern for Mr. Crozier.

[2] The application judge cannot be faulted for granting the order of guardianship which was being requested with consent of the Public Guardian.

[3] The order was obtained without notice and steps may or should have been taken to set it aside. However at this time, we see no other appropriate remedy except to set the order aside to permit a new hearing if the parties are so advised. The appeal is allowed. In the meantime, this court orders that the status quo be maintained and that the appellant is not to be moved from his present residence without further court order.

[4] No order as to costs.