Genyk Estate, Re; Genyk v. Public Trustee (Man.), (1981) 10 Man.R.(2d) 422 (QB)

• Judge: Hamilton, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 10, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 10 Man.R.(2d) 422 (QB)

Genyk Estate, Re (1981), 10 Man.R.(2d) 422 (QB)

MLB headnote and full text

Re Genyk Estate; Genyk v. The Public Trustee of Manitoba

Indexed As: Genyk Estate, Re; Genyk v. Public Trustee (Man.)

Manitoba Court of Queen's Bench

Hamilton, J.

April 10, 1981.

Summary:

The son of a mentally incompetent person applied for an order to authorize the Public Trustee of his father's estate to make him a loan.

The Manitoba Court of Queen's Bench allowed the application.

Guardian and Ward - Topic 873

Public trustee or guardian - Powers - Extent of - The Manitoba Court of Queen's Bench held that the Public Trustee of a mentally incompetent person had the power to loan money to the incompetent's adult son for the repayment of the son's debts, under the provisions of s. 5.1 of the Public Trustee Act, S.M. 1971, c. 47 - See paragraph 4.

Guardian and Ward - Topic 804

Public trustee or guardian - General - Judicial supervision - The Manitoba Court of Queen's Bench held that the court had the jurisdiction under ss. 67 to 69 of the Mental Health Act, R.S.M. 1970, c. M-110, to direct the Public Trustee with respect to the administration of the estate of a mentally incompetent person - See paragraphs 5 to 7.

Statutes Noticed:

Public Trustee Act, S.M. 1971, c. 47, sect. 5.1 [para. 4].

Mental Health Act, R.S.M. 1970, c. M-110, sect. 67, sect. 68(1), sect. 69 [para. 6].

Counsel:

N.A. Cuddy, for the applicant;

P. Jachetta, for the respondent.

This application was heard before HAMILTON, J., of the Manitoba Court of Queen's Bench. The decision of HAMILTON, J., was delivered on April 10, 1981: