Rene Larson

The applicants sought removal of an attorney for property and appointment of themselves as guardians of their mother's property and person under the Substitute Decisions Act, 1992.

Capacity assessments established that the mother was capable regarding personal care and capable of appointing an attorney for property, although incapable of managing property.

The evidence also indicated she did not wish the applicants appointed as guardians and was satisfied with the existing attorney.

The court held that a guardianship order was unnecessary because the existing power of attorney constituted a less restrictive alternative under s. 22(3) of the Act.

The application for guardianship was dismissed, but the court ordered the attorney to pass accounts given that more than ten years had elapsed since the last accounting.

The moving party brought a motion to quash an appeal from a Divisional Court decision upholding a finding of conflict of interest against a municipal member.

The Court of Appeal held that section 11(2) of the Municipal Conflict of Interest Act provides a complete code for appeals, rendering decisions of the Divisional Court final.

As no further appeal lies to the Court of Appeal, the appeal was quashed.