R. Michael Rodé

The appellant, the mother of Monica Gaumont, appealed a judgment appointing the Public Guardian and Trustee as guardian of Monica's property and personal care.

Monica, age 30, has a form of epilepsy with progressive seizures that have caused cognitive regression.

The application judge found Monica lacked capacity and appointed the PGT as guardian, allowing the appellant to reapply upon important changes in circumstances.

The Court of Appeal dismissed the appeal on all grounds, finding no procedural unfairness, no error regarding the capacity finding, and no merit to arguments concerning a power of attorney or alternative guardians.

The appellant appealed a decision of the Consent and Capacity Board finding her incapable of making decisions regarding admission to a care facility.

She argued the Board erred in law and fact, including by allegedly applying a best interests test rather than the statutory capacity test.

The court reviewed the Board’s decision under a reasonableness standard and applied the governing principles from the Supreme Court of Canada regarding capacity to consent.

The court found the Board properly articulated and applied the legal test and that its conclusion that the appellant lacked the ability to appreciate the reasonably foreseeable consequences of leaving the care facility was supported by the evidence.

The appeal was dismissed.