Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41254
Kathleen Walker, et al. v. Margaret Mary Kierans, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-21 | Correspondence (sent by the Court) to, All parties | |
| 2025-02-21 | Reconsideration not accepted for filing | |
| 2024-12-30 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2024-11-21 | Motion for reconsideration of the application for leave to appeal, (Book Form), Missing proof of service, Completed on: 2025-02-21 | Kathleen Walker |
| 2024-10-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-17 | Judgment on leave sent to the parties | |
| 2024-10-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA49417 and CA49418, 2024 BCCA 120, dated March 28, 2024, is dismissed with costs to the respondent Margaret Mary Kierans. Dismissed, with costs |
|
| 2024-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-11 | Order on motion to seal, By JUSTICE CÔTÉ | |
| 2024-07-11 |
Decision on motion to seal, Côt, UPON APPLICATION by the applicant for a motion to seal portions of her application for leave to appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dimissed. Dismissed |
|
| 2024-07-11 | Submission of motion to seal, Côt | |
| 2024-06-24 | Correspondence received from, (Letter Form), (Printed version due on 2024-07-02) | Kathleen Walker |
| 2024-06-13 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service, Completed on: 2024-09-05 |
Kathleen Walker |
| 2024-06-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2024-06-11) | Margaret Mary Kierans |
| 2024-06-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-04, (Printed version due on 2024-06-11) | Margaret Mary Kierans |
| 2024-05-29 | Correspondence received from | Kathleen Walker |
| 2024-05-29 | Supplemental document, with motion to seal | Kathleen Walker |
| 2024-05-29 | Motion to seal, (Book Form), Completed on: 2024-07-11 | Kathleen Walker |
| 2024-05-15 | Correspondence received from, Correspondence concerning file sensitivities | Kathleen Walker |
| 2024-05-08 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-05-06 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 05-16-2024) - Public access to information form , Completed on: 2024-09-05, (Printed version filed on 2024-05-13) |
Kathleen Walker |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Walker, Kathleen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kierans, Margaret Mary | Respondent | Active |
| Public Guardian and Trustee of British Columbia | Respondent | Active |
| L’Arche Greater Vancouver | Respondent | Active |
| Community Living British Columbia | Respondent | Active |
| Kierans, Paul | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Walker, Kathleen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kierans, Margaret Mary | Respondent | Active |
| Public Guardian and Trustee of British Columbia | Respondent | Active |
Counsel
Party: Walker, Kathleen
This party is not represented by counsel.
Party: Kierans, Margaret Mary
Counsel
1200 – 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-3131
Email: cdheensaw@singleton.com
Party: Public Guardian and Trustee of British Columbia
Counsel
1401-808 Nelson St.
Vancouver, British Columbia
V6Z 2H2
Telephone: (236) 521-7544
Email: mwolf@mclartywolf.com
Party: L’Arche Greater Vancouver
Counsel
#1450 – 13401 108 Avenue
Surrey, British Columbia
V3T 5T3
Telephone: (604) 581-4677
Email: trb@hdas.com
Party: Community Living British Columbia
Counsel
1001 Douglas Street, 6th floor
P.O. Box 9280 Stn Prov Govt
VIctoria, British Columbia
V8W 9J7
Telephone: (250) 356-2747
FAX: (250) 356-9154
Email: tyna.mason@gov.bc.ca
Party: Kierans, Paul
This party is not represented by counsel.
Summary
Keywords
Family law — Guardianship — Property of and care for dependent adults — Applicant’s brother suffering from serious developmental disability and residing in group home facility, prior to his death in April 2024 — Other sibling appointed “committee of the person” for brother — Decision upheld on appeal — Whether “Peter Falk’s Law” legislation, to protect patients from retaliatory actions by guardians or other family members, ought to be the norm in Canada — Whether Supreme Court of Canada should recommend enactment of legislative measures to protect incapable adults — Patients Property Act, R.S.B.C. 1996, c. 349, s. 6.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Paul Kierans, who suffered from a serious developmental disability, resided in a group home residential facility operated by L’Arche Greater Vancouver, from 1992 until his death in April 2024. Prior to his passing, two of Paul’s sisters, Margaret Mary Kierans and Kathleen Walker, each filed a petition seeking to be named “committee” for the care of their brother.
A judge at the Supreme Court of British Columbia dismissed Ms. Walker’s petition for committeeship, and granted Ms. Kierans’ petition for committeeship instead. This decision was upheld by the Court of Appeal.
Lower court rulings
Ms. Kierans’ petition seeking committeeship over the person and the estate of Paul Kierans — granted;
Ms. Walker’s petition seeking committeeship over the person of Paul Kierans — dismissed
Ms. Walker’ appeals — dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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