2 total
Urgent motion to suspend power of attorney dismissed; applicant failed to prove elder abuse or neglect.
The applicant son brought an urgent motion to suspend the 2024 powers of attorney appointing the respondent daughter as the attorney for property and personal care for their incapable mother.
The applicant alleged elder abuse and neglect by the respondent.
The court found the applicant's evidence of misconduct unreliable and often contradicted by medical and functional assessments.
Applying the test for terminating a power of attorney, the court held the applicant failed to show strong and compelling evidence of misconduct or neglect.
The motion was dismissed on an interim interim basis, the 2024 powers of attorney remained in force, and the mother was permitted to return to the respondent's care.
The respondent was awarded substantial indemnity costs of $45,000.
Unilateral ouster from jointly planned optometry clinic constituted oppression; applicant ordered to repay capital contributions.
The applicants and respondents entered into a business arrangement to open an optometry clinic, but failed to agree on final terms.
The applicant locked the respondent out of the business and ceased paying rent.
The court found the applicant's unilateral ouster of the respondent constituted oppression.
The applicant was ordered to repay the respondent's surplus capital contribution and the parties were directed to appoint an appraiser to determine fair market rent owed since the lockout.
