Reported as: 2018 SKCA 49
Docket Number: CA17160 , CACV 3210
Court: Court of Appeal
- Power of Attorney � Capacity � Appeal
- Civil Procedure � Appeal � Application to Strike
Digest: A number of applications were heard together. The appellant, Vera Hrycyna, applied to amend her notice of appeal and it was consented to by the respondent, Anna Hood, and not opposed by the appellant, Peter Hrycyna. The respondent applied for an order requiring Peter to perfect his appeal. He advised the court that he was ready to file his factum and appeal book. Consequently, the court stated that should he fail to file both within a specified period, the respondent could apply to strike his appeal for want to prosecution. The respondent also applied to strike Vera�s appeal because in light of the decision under appeal, she required a guardian and was not able to instruct counsel (see: 2018 SKQB 63). However, s. 69 of The Adult Guardianship and Co-decision-making Act provides that a person such as Vera may appeal the order of made by the chambers judge. The issue was whether the chambers judge�s finding of incompetency should be found by the court to stand in the way of her being able to prosecute an appeal in which she instructs counsel.
HELD: The application to strike the appeal of Vera Hrycyna was denied. The court found that it would not be appropriate for the court to find her incapable of...