The respondents brought motions for access to their incapable mother, whose personal care and property were managed by the applicants as joint guardians.
The motions became moot when the mother passed away before an order could be finalized.
The court declined to award costs to either party, finding that while the respondents were entitled to some measure of success on the access issue, their unreasonable conduct precipitated the motions.
The court concluded that a no-costs order would best serve the objectives of indemnification, sanctioning unreasonable conduct, and encouraging settlement of remaining estate issues.