This case concerns motions regarding the mental capacity of the respondent, Nichola Feldman-Kiss, and the validity of an ex parte order appointing a litigation guardian.
The applicant, Greg Somers, sought to set aside an ex parte order that declared the respondent a special party and appointed Mary Keogh as her litigation guardian, and to compel the respondent to complete a previously agreed-upon settlement.
The respondent, through her litigation guardian, brought a new motion seeking the same relief as the ex parte order, but on notice and with new medical evidence.
The court set aside the ex parte order due to procedural improprieties and lack of full disclosure.
The court also dismissed the respondent's new motion, finding it to be an abuse of process.
Alternatively, even if not an abuse of process, the court found insufficient reliable evidence to displace the presumption of capacity and retroactively declare the respondent incapable at the time of the settlement.