J.J. Bergart

Following a motion concerning the passing of accounts and issues arising from competing powers of attorney over an incapable person's finances, the court addressed costs.

The underlying dispute was characterized as a personal sibling conflict that unnecessarily escalated into litigation regarding the management of the incapable person's property and personal care.

The court declined to award costs to either of the feuding siblings, finding that neither should benefit from litigation driven by personal animosity rather than the incapable person's best interests.

However, the incapable person, represented by counsel appointed under s. 3 of the Substitute Decisions Act, was granted full indemnity costs.

Those costs were ordered payable equally by the two siblings personally.

In a guardianship proceeding under the Substitute Decisions Act involving competing powers of attorney and a dispute between siblings, the applicant sought orders compelling the respondent attorney to pass accounts, appointing an interim guardian of property, and adjournment of the guardianship application pending the accounting.

The court held that the motion was premature because documentary disclosure remained outstanding and cross-examinations had not yet occurred.

While attorneys are fiduciaries required to maintain and provide accounts under s. 32 of the Substitute Decisions Act, the evidentiary record was incomplete and untested.

The court directed the parties to exchange financial records and proceed with cross-examinations before seeking further relief.