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ARTICLE · 25 FEBRUARY 2025

Making Foolish Decisions Does Not Mean The Person Lacks Capacity

Bishop & McKenzie LLP
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In the recent Ontario Superior Court's decision of James v James, 2024 ONSC 3916 ("James v James"), the Court highlighted that a foolish decision by an elder person is insufficient evidence that the elder person is incapacitated and unable to make financial and personal decisions for themselves.

CanadaLitigation, Mediation & Arbitration
Zoe Rossier
Zoe Rossier
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In the recent Ontario Superior Court's decision of James v James, 2024 ONSC 3916 ("James v James"), the Court highlighted that a foolish decision by an elder person is insufficient evidence that the elder person is incapacitated and unable to make financial and personal decisions for themselves.

In James v James, the Applicant, Jennifer James ("Jennifer"), was the daughter of Carol James ("Carol"), who was 79 years of age and had a net worth of $11 million. Jennifer was named as the executor of Carol's estate pursuant to a Primary and Secondary Will and was also the named Carol's Attorney under a Power of Attorney.

Jennifer had concerns regarding Carol's capacity given certain decisions that she was making, so Jennifer applied for an interim injunction to preserve Carol's assets pending the determination of a guardianship application. Jennifer's concerns regarding Carol's capacity started when Carol developed a relationship with Gideon Amofa ("Gideon"), who was

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