McNeill v. Phillips

canada, canadian, case law, court opinion, canlii, onca, 2026onca652, 2026 onca 652 (canlii), 2026, onca, 652, (canlii), coa-25-cv-1586, 2026, civil liability, negligence, duty of care, attorney for personal care, whether a duty of care is owed to the grantor’s adult child, failure to inform of hospitalizations and death, refusal to change viewing date, substitute decisions act, 1992 and health care consent act, 1996 duties owed to grantor only, appeal dismissed, procedure, pleadings, motion to strike, rules of civil procedure, r. 21.01(1)(b), whether claim disclosed no reasonable cause of action, discretion to deny leave to amend where claim fundamentally flawed, proposed novel duty of care not viable, claim struck and leave to amend refused, appeal dismissed, procedure, procedural fairness, motion practice, timing of service and readiness to proceed, whether hearing was procedurally unfair due to inability to file responding record or cross, examine, case management direction set combined hearing, no adjournment sought, rules of civil procedure, r. 21.02(2)(b), no evidence admissible, appeal dismissed