Andrew Carl Benn Munro

This decision addresses an application by Nanaksar Satsang Sabha of Ontario (the Gurdwara) for the production of files from four law firms involved in prior litigation.

The central issue was the effect of a solicitor's lien on production requests, particularly concerning the validity of the lien when a solicitor withdraws from the record without cause or when the limitations period for fee recovery has expired.

The court ordered all four firms to produce their files.

It found that Teplitsky Colson LLP did not have a valid solicitor's lien because it initiated its removal from the record without demonstrating cause.

For Gray Whitley van der Valk, production was ordered with specific terms to preserve the value of its claimed lien until the resolution of the underlying fee dispute.

Costs decision following dismissal of an application concerning powers of attorney and guardianship of an incapable adult.

The applicant, a child of the incapable person, had been removed as attorney for property and personal care and ordered to account for property taken without consent.

The court considered the appropriate scale and allocation of costs among family members, added parties, and the Public Guardian and Trustee.

Finding the applicant’s conduct scandalous and improper, including failure to serve parties, non-compliance with court orders, and allegations of elder abuse, the court ordered substantial indemnity costs payable personally by the applicant.

Costs incurred by the Public Guardian and Trustee were instead ordered payable from the incapable person’s assets due to its statutory role and absence of bad faith.

An application sought guardianship over an elderly person's property and personal care.

The court found that a valid continuing power of attorney executed prior to the incapacity certificate governed management of the incapable person's affairs under the Substitute Decisions Act, 1992.

The applicant had failed to disclose the power of attorney and faced allegations of elder abuse and misappropriation of the incapable person's property.

The court dismissed the guardianship application, removed the applicant as attorney for property and personal care under the existing power of attorney, and substituted other family members as attorneys.

Directions were also issued regarding return of personal property and continuation of restricted visitation arrangements.