2 total
Motion to remove attorney for property deferred to trial despite evidence of financial misconduct.
The applicant brought a motion to remove his brother, the respondent, as the attorney for property and personal care for their mother, and to compel the return of over $439,000 transferred to the respondent by their parents.
The applicant also sought to strike the respondent's affidavit for failing to answer undertakings.
The court declined to strike the affidavit as the respondent's counsel took responsibility for the delay.
Applying the test for removal of a power of attorney, the court found evidence of financial misconduct but could not conclude on the motion record that removing the respondent was in the mother's best interests.
The court also found that the presumption of resulting trust applied to the inter vivos transfers, but directed a trial to determine whether the transfers were gifts and whether the power of attorney should be terminated.
Some interveners admitted; Algonquin intervention motion dismissed.
Several Indigenous moving parties sought leave to intervene in multiple appeals concerning Aboriginal rights and title issues.
The court held that three of the moving parties had a sufficient interest in the outcome and could usefully add to the issues, and granted intervention on strict conditions, including that the existing record would stand and a single factum be delivered.
A separate moving party seeking intervention primarily to challenge portions of Ontario's factum was refused leave because the court was not persuaded it would add anything materially new to the arguments already to be made by existing parties.
No costs were ordered.
