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Guardianship application dismissed as the respondent retained capacity to execute a new power of attorney.
The applicants, acting as alternative Attorneys for Property, applied for an order declaring the 86-year-old respondent incapable of managing her property and appointing a guardian of property.
The respondent opposed the appointment, arguing she retained capacity to manage her property with assistance and could execute a new power of attorney.
Relying on expert capacity assessments, the court found that while the respondent had mild cognitive impairment and required assistance, she retained the capacity to instruct counsel and to make or revoke a power of attorney.
The court dismissed the application, concluding that the respondent's ability to execute a new power of attorney constituted a less restrictive alternative to guardianship.
Court orders formal arbitration for share valuation dispute and directs parties to select a neutral arbitrator.
The applicants (Sellers) and respondents (Purchasers) disputed the process for valuing shares under a shareholders agreement following the termination of the Sellers' employment.
The Sellers applied to appoint their preferred arbitrator and argued for a full arbitration under the Arbitration Act, 1991.
The Purchasers cross-applied to appoint their preferred arbitrator, seeking a streamlined valuation process and a court declaration on the valuation date.
The court held that the agreement contemplated a formal arbitration under the Act, not merely a valuation.
The court declined to determine the valuation date, leaving it to the arbitrator under the competence-competence principle, and ordered the parties to select a neutral third-party arbitrator.
