Dr. Richard J. Magder

The applicant, an Italian court-appointed interim guardian for an incapable retired priest, sought an order that the Ontario court decline jurisdiction over his guardianship.

The respondents, who held powers of attorney and sought to be appointed guardians in Ontario, argued that Ontario had jurisdiction based on the priest's connections to Canada and Canon Law.

The court determined that the priest had abandoned his Canadian domicile of choice and reverted to his Italian domicile of origin before becoming incapable.

Consequently, the court declined jurisdiction, deferred to the Italian court, and terminated the powers of attorney as they were executed while the priest was incapable.

The applicant was struck by a car and claimed statutory accident benefits.

He sought weekly income benefits under section 12 of the Schedule, claiming he was self-employed as a tailor.

The arbitrator found the applicant failed to prove he was employed or self-employed at the time of the accident, as he had declared no income and admitted to avoiding work.

The applicant alternatively claimed ongoing non-earner benefits under section 13.

Relying on consistent specialist medical evidence that the applicant had recovered and was exaggerating his symptoms, the arbitrator concluded the applicant did not suffer a substantial inability to perform his essential tasks.

The claims for ongoing benefits were dismissed, but the applicant was awarded his arbitration expenses.