The court considered whether powers of attorney for personal care appointing Lee Aubin as attorney for Patricia Roper should be terminated, and whether Roper had any liability to Aubin and/or Seniors Total Care Inc. The court found that Aubin was disqualified from acting as attorney under the Substitute Decisions Act, 1992, and that the 2021 power of attorney was invalid due to lack of capacity and undue influence.
The services agreement between Roper and Seniors Total Care was also found void for unconscionability and incapacity.
Costs were awarded on a substantial indemnity scale against Aubin.
