2 total
The court dismissed a motion to reopen an appeal as frivolous, vexatious, and an abuse of process.
The moving party sought to reopen a Court of Appeal decision disposing of appeals concerning guardianship of an incapacitated person.
The moving party alleged that new information had been deliberately concealed, consisting of quarterly reports revealing a $43,000 payment to Section 3 Counsel for appeal work and a $442,000 transfer between accounts.
The moving party contended these payments evidenced an improper litigation agreement and breach of fiduciary duty.
The court dismissed the motion under Rule 2.1.02 as frivolous, vexatious, and an abuse of process, finding the information was not genuinely new and could not have affected the original decision.
The Court of Appeal dismissed two consolidated appeals challenging guardianship appointments, compensation, and costs in a protracted family dispute.
Two consolidated appeals concerning guardianship and personal care arrangements for an elderly woman with Alzheimer's disease.
The applications judge appointed one daughter as guardian of personal care and a trust company as guardian of property, with compensation awarded to the daughter for past care services.
A subsequent motion to vary the guardianship order was heard based on changed circumstances.
The appellants challenged the guardianship appointments, the compensation award, and alleged judicial bias and misconduct by the section 3 counsel.
The Court of Appeal dismissed all appeals, finding no error in the applications judge's decisions and rejecting allegations of bias and misconduct.
