Court File and Parties

Court File No.: CV-25-00747755-0000 Date: 2025-10-29 Ontario Superior Court of Justice

Re: In the Guardianship of Property of Jushae Tavon Reid

Tormeca Alanna Salmon Applicant

- and –

Jushae Tavon Reid and The Office of the Public Guardian and Trustee Respondents

Before: L. Brownstone J.

Counsel: Faisal Afridi, for the Applicant Mary Phan, for the Respondent Office of the Public Guardian and Trustee

Heard: In writing

Endorsement

Introduction

[1] The applicant, Ms. Salmon, is the mother of Jushae Tavon Reid. On July 17, 2014, Jushae, who was not yet seven years old, fell out the third story window of the townhouse unit where he lived. He suffered significant injuries from the fall.

[2] Litigation against the Toronto Community Housing Corporation ensued. Jushae's sister was his litigation guardian as a counterclaim was commenced against his mother. In July 2024, I approved a settlement of that litigation under rule 7.08. At the time the approval was sought, the materials indicated that the moving parties intended to bring an application to have Ms. Salmon appointed Jushae's guardian of property once the settlement was approved.

[3] The application was initially brought on the estates list. The first application was brought under the Children's Law Reform Act with the Children's Lawyer as the respondent, as Jushae was not yet eighteen. On April 14, 2025, Justice Sanfilippo ordered that the settlement funds be paid into court to enable Jushae to access the funds for treatment services until a guardian of property was appointed. He also ordered that Ms. Salmon arrange for a capacity assessment for Jushae in accordance with the Substitute Decisions Act, 1992, S.O. 1992, c. 30, to assess his capacity to manage property. The matter was adjourned to a case conference.

[4] The capacity assessment was obtained, and the case conference returned before Dietrich J. The parties agreed that a new application should be brought under the SDA, given that Jushae was about to turn eighteen. Justice Dietrich adjourned the application sine die, and noted that the guardianship application ought to have been brought before me as the judge who approved the settlement. Although she did not ask that it be transferred to the civil list given the estates list had been involved, Justice Dietrich and I agreed that I would determine the guardianship application.

[5] I considered the matter in writing in accordance with s. 77 of the SDA.

Governing Provisions

[6] Relevant provisions of the SDA include the following:

Section 2(1): A person who is eighteen years of age or more is presumed to be capable of entering into a contract

Section 6: A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.

Section 22(1): The court may, on any person's application, appoint a guardian of property for a person who is incapable of managing property if, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so.

Section 22(3): The court shall not appoint a guardian if it is satisfied that the need for decisions to be made will be met by an alternative course of action that,

(a) does not require the court to find the person to be incapable of managing property; and

(b) is less restrictive of the person's decision-making rights than the appointment of a guardian

Section 22(5): Except in the case of an application that is being dealt with under section 77 (summary disposition), the court shall consider,

(a) whether the proposed guardian is the attorney under a continuing power of attorney;

(b) the incapable person's current wishes, if they can be ascertained; and

(c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.

Section 77(1): In an application to appoint a guardian of property or guardian of the person or a motion to terminate a guardianship of property or guardianship of the person, the court may, in the circumstances described in subsection (2), make an order without anyone appearing before it and without holding a hearing.

Section 77(2): The registrar of the court shall submit the notice of application or notice of motion, and the accompanying documents, to a judge of the court if,

(a) in the case of an application, the applicant certifies in writing that,

(i) no person has delivered a notice of appearance,

(ii) the documents required by this Part accompany the application,

(iii) in the case of an application to appoint a guardian of property, at least one of the statements referred to in section 72 indicates that its maker is of the opinion that it is necessary for decisions to be made on the person's behalf by a person who is authorized to do so, and

(iv) in the case of an application to appoint a guardian of the person, at least one of the statements referred to in section 74 indicates that its maker is of the opinion that the person needs decisions to be made on his or her behalf by a person who is authorized to do so

Notice

[7] Notice of the application is required to be provided to various parties, including the PGT and the proposed guardian. The notice is also to be served on adult family members (s. 69(1) and (6) SDA).

[8] The notice has been provided to the PGT, whose comments on earlier draft materials have been incorporated and who has no concerns with the draft order.

[9] Ms. Salmon asks that notice to Jushae and to his biological father be dispensed with. Notice to other adult family members has been provided.

[10] I agree that, based on the evidence, no purpose will be served by serving Jushae with the materials, as he will be unable to understand the material or engage with it.

[11] Jushae's father has not been involved in Jushae's life since 2010, when Jushae was three years old. That predates the accident by four years. He has showed no concern about or interest in his son. There is a statement in the record that his location is unknown. In these circumstances, I am prepared to dispense with service of this application on Jushae's father.

Finding of Incapacity

[12] Louise Silverston, a designated assessor under the SDA, conducted the capacity assessment of Jushae. She met with Jushae and reviewed his medical records.

[13] Her report notes:

• Jushae is non-verbal and must have 24/7 supervised care;
• His diagnoses of autism and ADHD precede the accident;
• The accident of 2014 caused a traumatic brain injury;
• Jushae is unable to appoint a power of attorney and is highly vulnerable to exploitation;
• His comprehension is limited to very basic matters, such as recognising letters and numbers under 10; and
• He cannot recognise coins, paper money, or perform any calculations.

[14] Ms. Silverston formed the opinion that Jushae is incapable of managing property and that there is "no question of his need for Court Ordered Guardianship of Property for Mr. Reid's life time as an adult." She opined that Jushae "is not able, cognitively, to understand any information related to any financial decision, and he is not able to appreciate any impact or reasonably foreseeable consequence of any sort of decision". He is unable to instruct counsel.

[15] Based on the material filed and Ms. Silverston's opinion as described above, I have no hesitation in finding that Jushae is incapable of managing his property within the meaning of s. 6 of the SDA and that he requires decisions to be made on his behalf by a person authorized to do so, and I so declare.

Appointment of Ms. Salmon

[16] First, I note the material clearly establishes that a less intrusive course of action than appointing a guardian of property is not feasible in this case. Jushae's limitations are significant and require a guardian of property.

[17] Second, it is clear that Ms. Salmon has been devoted to Jushae's wellbeing throughout his life. Ms. Silverston notes that Ms. Salmon "is particularly concerned about Jushae's quality of life and an ardent advocate of all his needs. She has given up any employment as he requires 24/7 attendant care that simply is not available otherwise." Ms. Silverston describes Ms. Salmon as "utterly devoted to [Jushae's] quality of life and happiness". When discussing community financial resources and access to care or shelter, Ms. Silverston notes that Ms. Salmon "is prepared for this and fierce in her protection of her son" in navigating the relevant systems and available resources.

[18] Ms. Salmon has deposed that she has always been Jushae's primary and full time caregiver. She assists him with every aspect of his care, including all activities of daily living, such as getting dressed, hygiene, and feeding. She deposed that she has been the most responsible and active care provider for Jushae since birth. She currently manages all aspects of his finances.

[19] Ms. Salmon has provided a management plan that sets out expenditures for personal care including a social worker, occupational therapist, attendant care provider, and dietician. The plan includes modest funds for food, clothing, transportation, medication, and miscellaneous needs that may arise. The funds are to be used only for Jushae's needs, and are intended to assist in providing him with regular and consistent treatment.

[20] Ms. Salmon has deposed that she understands her obligation as a potential guardian of property and the need to keep detailed and separate accounts for all monies received and expended. She will consult with financial advisors as needed to ensure that Jushae's funds remain protected and available to him.

[21] I find it appropriate to appoint Ms. Salmon as guardian of property of Jushae.

Other Provisions

[22] The other standard provisions in the order are appropriate. I have made minor amendments to the wording. I agree that no useful purpose is served by requiring Ms. Salmon to post a security and I make no such order.

L. Brownstone J.

Date: October 29, 2025