CITATION: Public Guardian and Trustee v. Connor, 2009 ONCA 632

DATE: 20090828

DOCKET: C49779

COURT OF APPEAL FOR ONTARIO

Laskin, Sharpe and MacFarland JJ.A.

BETWEEN

The Public Guardian and Trustee

Applicant (Appellant)

and

Carol Connor

Respondent (Respondent)

Susan J. Fullerton, for the appellant

No one appearing for the respondent

Heard: August 26, 2009

On appeal from the order of Justice David L. Corbett of the Superior Court of Justice dated October 31, 2008

APPEAL BOOK ENDORSEMENT

[1] The Public Guardian and Trustee appeals para. 5 of the order appointing it limited guardian of property for Carol Connor, and the corollary orders of Corbett J. We agree with Ms. Fullerton that the appeal must be allowed because the preconditions in the Substitute Decisions Act for making the appointment have not been met.

[2] Accordingly, the appeal is allowed and paras. 5, 6, 9 and 10 of the order of Corbett J. are set aside. In their place there shall be an order that the money referred to in para. 4(C) be paid into court to the credit of Carol Connor, to be paid out on further order of the court. Ms. Fullerton has advised the court that the Public Guardian and Trustee will assist Ms. Connor in dealing with the money.