2 total
Adjournment granted with protective terms in guardianship application.
The applicant brought an application under the Substitute Decisions Act, 1992 seeking, among other relief, appointment as guardian of property for an incapable person.
The matter was adjourned at the request of the respondent, and the court determined the appropriate terms of the adjournment.
Finding that the proceeding had been unduly delayed by the respondent, the court imposed conditions to protect the incapable person and the integrity of the process, including limited cross‑examinations, disclosure of documents relating to alleged abuse, production of a statement of assets, and completion of outstanding undertakings.
Costs of the attendance were fixed and reserved to the application judge.
Appeal dismissed; trial judge properly set aside fraudulent conveyance between near relatives.
The appellants appealed a trial judge's decision setting aside a conveyance under the Fraudulent Conveyances Act and the Assignments and Preferences Act.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's application of the burden of explanation for near relatives or the finding that the appellant was unable to pay his debts at the relevant time.
