Another Look at Fisher v. Danilunas: Ontario Recognizes a UK Guardianship Order
In Fisher v. Danilunas 2025 ONSC 4359 the Ontario Superior Court dealt with a cross-border situation that is becoming more common as families and assets span multiple countries. In this case a woman living in England had been declared incapable by a UK court and had over a million dollars in assets located in Ontario. Her UK guardians known as deputies needed the Ontario court to recognize their authority so they could access her Canadian funds and manage her affairs.
Instead of making the family start over with a full Ontario guardianship application Justice Myers decided to recognize the UK order. He found that the UK court’s process was fair thorough and gave the same kind of safeguards that Ontario law is designed to provide. Justice Myers held that as long as the foreign court had a real connection to the person and had followed proper procedures to protect that individual’s rights Ontario courts should respect the foreign order. This avoided unnecessary delay and expense and allowed the woman’s needs to be addressed promptly.
Situations like this are becoming more common and there is actually an international treaty designed to address these very issues. The Hague Convention on the International Protection of Adults aims to make guardianship and similar court orders for vulnerable adults automatically recognized among member countries. Its purpose is to make life easier for families who are trying to manage care and assets across borders.
However, Canada has not ratified this Hague Convention. The main reason comes down to how Canadian law is structured. Matters of guardianship and adult protection are decided by each province and territory not the federal government. This means that for Canada to join the Convention, all the provinces and territories would need to agree and update their own laws to fit with the treaty. Reaching this kind of agreement across the country can be slow and complicated, especially for legal issues that are not widely discussed. Because of this, cases like Fisher often depend on the careful and practical approach of judges like Justice Myers instead of a consistent international rule.
Should Canada ratify the Hague Convention in the future? Many would say yes. As families become more global having a clear system that makes it easier to care for loved ones wherever they are would help many Canadians. For now Fisher v. Danilunas is an example of how Ontario courts can find practical solutions but joining the Convention would bring even greater clarity and convenience for everyone.
Thanks for reading!
Grey Wen