R. Molot

The applicant sought declarations regarding the validity of her mother's Powers of Attorney for personal care, alleging her mother lacked capacity when executing the most recent one.

The Public Guardian and Trustee and some respondents requested the appointment of counsel for the mother under section 3 of the Substitute Decisions Act, 1992.

The court found that given the mother's capacity was at the centre of the application and the family was at odds, it was appropriate to order the Public Guardian and Trustee to arrange legal representation for her, to be paid from her property.

The moving party sought to terminate his spousal support and life insurance obligations, arguing that his voluntary retirement at age 56 constituted a material change in circumstances.

The parties had previously executed a separation agreement providing for spousal support for a fixed ten-year period.

The court found that the retirement was voluntary, the moving party retained the capacity to earn income, and the parties had intended for support to continue for the full ten-year term to allow the recipient to plan her financial affairs.

The court concluded there was no material change in circumstances and dismissed the motion.