Irina Samborski

This endorsement addresses the costs arising from two motions in an estates matter: one brought by Royal Trust Corporation of Canada (Estate Trustee) to appoint the Public Guardian and Trustee as Litigation Guardian for Raymonde Haddad, and a cross-motion by Doris Haddad-Bejjani seeking her own appointment.

Royal Trust's motion was granted, and Doris's motion was dismissed.

The court, applying the modern approach to costs in estates litigation, found Royal Trust, the Children's Lawyer, and Rosemary Whelan to be successful parties.

Doris Haddad-Bejjani, as the unsuccessful party whose conduct complicated the proceedings, was ordered to pay partial indemnity costs to the successful parties from her testamentary trust.

The balance of Royal Trust's and the Children's Lawyer's full indemnity costs were ordered to be paid from the capital of the Estate.

This endorsement addresses competing motions for the appointment of a litigation guardian for Raymonde Haddad, a mentally incapable beneficiary of the Estate of Paul Haddad.

Royal Trust Corporation of Canada, as Estate Trustee, sought to appoint the Public Guardian and Trustee (PGT) as litigation guardian for Raymonde in ongoing estate proceedings (Interpretation Application and Passing Application).

Raymonde's daughter, Doris Haddad-Bejjani, who had been purporting to represent Raymonde under a Continuing Power of Attorney for Property, brought a cross-motion to be appointed as litigation guardian herself.

The court found Raymonde to be a party under disability based on extensive medical evidence.

Doris's motion was dismissed due to a clear conflict of interest, as her personal interests in the estate's distribution were adverse to Raymonde's.

The court granted Royal Trust's motion, appointing the PGT as Raymonde's litigation guardian, emphasizing the PGT's role as a guardian of last resort when no other proper person is willing and able to act without conflict.

The plaintiff brought a motion to certify a class action against the defendants, who operated an endoscopy clinic where an infection control lapse occurred.

The proposed class included patients who underwent procedures between 2002 and 2011.

Despite extensive public notification by public health authorities, the plaintiff could only identify one other potential class member, whose medical issues lacked expert evidence linking them to the clinic.

The court dismissed the certification motion, finding that the plaintiff failed to establish some basis in fact for the existence of an identifiable class of two or more persons.