Following prior reasons concerning the validity of a transfer of property and the appointment of guardians of property under the Substitute Decisions Act, the applicants sought directions to determine the market rent payable by a respondent who continued to occupy a residential property owned by an incapable person.
The court assessed competing valuation evidence and determined the fair rental value while granting a modest credit for minor property management services performed by the occupant.
The court also addressed ancillary orders required to implement its earlier judgment, including restoring title to the incapable person, directing the return of funds held in trust to the appointed guardians, removing a charge registered on title for legal fees, clarifying authority over insurance matters, and permitting section 3 counsel to withdraw.
The decision illustrates the court’s authority under Rule 59.06(2) of the Rules of Civil Procedure to give further directions necessary to carry an order into operation.
