SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Public Trustee) v. I.W., 2013 NSSC 134
Date: 20130429
Docket: Hfx No. 412943
Registry: Halifax
Between:
The Public Trustee (a corporation sole as constituted by the Public Trustee Act, Chapter 379, Revised Statutes of Nova Scotia, 1989)
Applicant
v.
I. W.
Respondent
LIBRARY HEADING
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Editorial Notice
Identifying information has been removed from this electronic version of the library sheet. |
Judge: The Honourable Justice Michael J. Wood
Heard: March 19, 2013 (in Chambers), in Halifax, Nova Scotia
Written Decision: April 29, 2013
Subject: Public Trustee - Management of Estate pursuant to Adult Protection Act
Summary: The Public Trustee assumed management of the Respondent=s assets after notification under s.13 of the Adult Protection Act. The Public Trustee applied for an order approving the sale of the Respondent=s home.
Issue: Does the Public Trustee have the authority to sell real property when managing an estate pursuant to the Adult Protection Act?
Result: The Court examined the provisions of the Adult Protection Act and compared them with those of the Incompetent Persons Act. It was satisfied that the Public Trustee=s role was intended to be custodial in nature and did not include the authority to sell real property. Application was dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.