Yeoh-Tae Kim

The applicant, who suffers from serious mental health challenges and a traumatic brain injury, moved to remove the Public Guardian and Trustee as his litigation guardian after the Consent and Capacity Board found him capable of managing his property.

The court dismissed the motion, finding that while the applicant had sufficient capacity to manage his general finances, he lacked the capacity to understand and instruct counsel in complex civil litigation.

The court emphasized the need to balance the applicant's autonomy with the rights of opposing parties to a fair proceeding and the overall goals of the civil justice system.

The plaintiff, William MacLeod, sought to remove the Public Guardian and Trustee (PGT) as his statutory guardian of property following a certificate of incapacity.

The court, acting as case management judge, provided detailed procedural directions for MacLeod's application, emphasizing the need for proper evidence and adherence to a schedule.

MacLeod attempted to schedule an urgent hearing without following these directions.

The court vacated the urgent hearing and reiterated that no hearing would be scheduled until the established procedural steps were completed, including the delivery of evidence and legal arguments.

The court also clarified that MacLeod lacked capacity to commence or continue other litigation while the PGT remained his guardian, with the sole exception of the application to remove the PGT.