Focus On

MENTAL INCOMPETENCY - Committees - Of person

Wednesday, June 05, 2019 @ 8:33 AM  


Lexis Advance® Quicklaw®
Cross-applications by the parties to vary a committeeship order. The parties were co-committees of their 21-year-old child, who was significantly disabled and unable to care for himself. The child lived with each party on a schedule that repeated every three weeks. The parties sought to vary the schedule and orders concerning their conduct and care of the child.

HELD: Cross-applications dismissed. There was no material change in circumstances. The schedule was in issue before the trial judge. The same issues and allegations were argued by the parties, and considered by the trial judge, then. The parties’ evidence that the child’s health deteriorated to some extent was accepted, but no expert evidence with respect to it was tendered. The mother’s claim that the father was not providing adequate care was based on her beliefs regarding his abilities and not accepted by the trial judge. The mother’s complaints regarding the father were substantially the same as they were before the order. The crux of the disputes was the parties’ failure to communicate, differing views of what was best for the child and enmity toward each other.

Davenport v. Forliti, [2019] B.C.J. No. 769, British Columbia Supreme Court, Norell J., May 2, 2019. Digest No. TLD-June32019007