Dr. Sarazin

The applicant sought judicial review of a Licence Appeal Tribunal (LAT) decision refusing to extend the limitation period for her claim for non-earner benefits.

The LAT Act limits appeals to questions of law, but the applicant sought judicial review on issues of mixed fact and law regarding her mental capacity.

Applying the framework from Yatar, the Divisional Court declined to hear the application, finding no exceptional circumstances to justify judicial review where the legislature intended to limit recourse to the courts.

Following a trial where the court invalidated powers of attorney due to incapacity and undue influence, the successful applicants sought their costs.

The court found that the unsuccessful respondent's conduct, which included manipulating the incapable person and unnecessarily lengthening the litigation, warranted a costs award on a substantial indemnity scale.

The court ordered the respondent to pay $150,000 in costs to the applicants, rather than having the costs paid from the incapable person's assets.