Anthony R. Leardi

The appellant sought to appeal a judgment regarding the personal care of Anna Hernandez.

Anna Hernandez died before the appeal was heard, rendering the primary relief moot.

The Court of Appeal declined to hear the appeal, finding no live controversy, no public importance, and that hearing it would not be an appropriate use of judicial resources, even for incidental costs or potential implications for a passing of accounts proceeding.

The appeal was dismissed as moot.

Following the dismissal of the applicant's motion to terminate her brother's authority as power of attorney for personal care for their mother, the successful respondent sought costs on a full indemnity basis.

The court awarded costs on a partial indemnity scale, noting the respondent's settlement offer was a package deal that included issues not before the court.

The court fixed costs at $37,500, payable by the applicant personally, reiterating that costs in estate and power of attorney matters are generally paid by the unsuccessful litigant, not the estate.

The defendant, Glenn Swinton, brought a motion under s. 137.1 of the Courts of Justice Act to dismiss a libel action commenced by the plaintiff, John Miceli, as a Strategic Lawsuit Against Public Participation (SLAPP suit).

The court found that Swinton's Facebook posts, which accused Miceli (a municipal CAO and public figure) of corruption, fraud involvement, and undue influence, related to a matter of public interest.

However, the plaintiff successfully demonstrated that his claim had substantial merit, that the defendant had no valid defence (such as truth, fair comment, or responsible communication), and that the harm suffered by the plaintiff outweighed the public interest in protecting the defendant's expression, especially given the false nature and vindictive tone of the posts.

The motion to dismiss was denied.