FUEHRER v DESMARAIS

This decision addressed an Application for permission to appeal an interlocutory procedural Order in a matter under the Adult Guardianship and Trusteeship Act (“AGTA”). The Application was dismissed.

The Applicant was subject to a guardianship and trusteeship Order, with her father acting as guardian and trustee, and sought to appeal a Chambers Judge’s Order that merely adjourned her application to terminate the guardianship, and which provided procedural directions for service and the filing of responding materials.

Because the Order was purely procedural and interlocutory, the Applicant was required to obtain leave to appeal under Rule 14.5(1)(b). In assessing whether leave should be granted, the Court applied the established factors: (i) whether the appeal raises an issue of general importance, (ii) whether it has a reasonable prospect of success, and (iii) whether permitting the interlocutory appeal would hinder the progress of the proceeding or cause undue prejudice without proportionate benefit. Grosse J.A. noted that Section 114 of the AGTA permits appeals to the Court of Appeal only on questions of law.

Grosse J.A. denied leave to appeal. The Applicant identified no question of law arising from the adjournment Order and did not demonstrate any issue of general importance or a basis to challenge the Chambers Judge’s procedural decision. Moreover, the underlying termination application had already been heard on the merits in the Court of King’s Bench, where the guardianship and trusteeship Order was continued. As a result, the proposed Appeal of the earlier adjournment Order become moot.