An Ontario court rejected a man’s request to put an end to a court-ordered guardianship — which was established in the wake of an assault that left him impaired — amid concerns that he is still incapable of managing his own financial affairs and has fallen victim to crypto scams. However, it also ordered that he be given a chance to prove his financial acumen.
According to a decision of the Ontario Superior Court of Justice, Jermall Harvey sought to terminate a guardianship — which was established following a settlement in 2021 that resulted in Harvey receiving $477,000 in damages stemming from an assault that left him with severe injuries and permanent brain damage.
The court initially appointed his mother as his guardian of property, following an assessment that found that he was incapable of managing his own financial affairs. However, that arrangement resulted in conflicts between them.
“In essence, [he] wanted more money than [his mother] was prepared to give him after [he] was the victim of several financial scams including bitcoin scams,” the court noted.
As a result, she brought a motion to have Concentra Trust replace her in the guardian role, which the court agreed to in 2024.
Harvey then brought the current motion seeking to an end to the guardianship, and seeking a declaration that he is capable of managing his own property. His mother opposed the motion, saying that he would be left “vulnerable to financial exploitation and abuse by third parties.”
In particular, she reported that he was “vulnerable to online and cryptocurrency scams” — and that conflicts over suspected crypto scams, and other ill-advised financial requests, led to her being removed as guardian.
Ultimately, the court declined to put an end to the guardianship.
In its decision, it stressed the distinction between a person’s ability to understand their finances, and an ability to “appreciate” the consequences of financial decisions.
“That is, a person may understand what is in their bank account and what their monthly expenses are but is unable to appreciate the more complex aspect of the financial consequences of buying an expensive car or going on a luxury vacation,” it said.
And, it concluded that in this case, there are concerns about Harvey’s ability to “recognize how financial decisions may affect him in the long and short term and affect his quality of life.”
Additionally, the court said that it’s concerned that he has “no financial plan” once the settlement money is exhausted.
However, while it declined to lift the guardianship, the court also said that he should be given a chance to address its concerns, and to prove that he is capable of managing his own finances in the future.
To that end, it ordered Concentra Trust to give Harvey $15,000 (while still paying his routine expenses) and for him to return to court in six months to show how that money was handled.
“For example, if the funds were invested, then monthly statements showing the value of the investment should be provided. If the funds were spent, an accounting of where they were spent with receipts/vouchers verifying the expenditures should be provided,” it said.
It also ordered him to get a report from a specialist regarding his progress since 2022, and any future prognosis.
“If the [court’s] concerns are adequately addressed … a judge may determine that the guardianship should be terminated,” it said.