Court of Appeal for Ontario

Citation: Earl v. Gillesse, 2011 ONCA 614

Date: 20110926

Docket: C53544

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

[1] Unfortunately, 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.

[2] The appeal is allowed and the order is set aside.

[3] The 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.