Emoke Jozsvai

The applicant, Walter Burnat, sought an interim order for directions regarding the personal care and living arrangements of his 80-year-old mother, Olga Burnat, who suffers from moderate to severe dementia and requires 24-hour supervision.

Walter proposed moving Olga to a retirement residence in Richmond Hill, while the respondent, Mary Bosworth, Olga's daughter, advocated for Olga to remain in her Whitby home with a proposed home care plan.

The court, exercising its authority under the Substitute Decisions Act, 1992, found Walter's proposal offered greater certainty of care and granted the interim order for Olga to reside at the retirement residence until a suitable local facility becomes available.

The applicant, who sustained a closed head injury in a motor vehicle accident, applied for statutory accident benefits.

A preliminary issue hearing was held to determine whether the applicant had the mental capacity to proceed in the dispute resolution process and, if not, whether his son should be appointed to act on his behalf.

The arbitrator found that the applicant lacked the mental capacity to proceed, relying on capacity assessments and the applicant's demeanor at the hearing.

The arbitrator appointed the applicant's son to proceed in the dispute resolution process and to receive and administer statutory accident benefits on his behalf.