The guardian of an incapable person brought a motion to vary a prior guardianship order that had been made on consent, seeking to change a provision requiring placement in a long‑term care facility in the Hamilton area to permit placement in Barrie.
The court held that consent orders are final and may only be set aside on grounds analogous to those for setting aside a contract, such as fraud or failure to reflect the parties’ true intention.
The evidence relied on by the moving party largely pre‑dated the original consent order and did not establish any change in circumstances.
The motion materials also failed to identify the proper statutory authority under the Substitute Decisions Act for a motion for directions.
The court dismissed the variation request without prejudice but granted a consent request to delete another paragraph of the prior order.
