John Kranjc

The appellant appealed an order granting summary judgment that dismissed her application for guardianship of her father and awarded substantial indemnity costs to the respondent.

The appellant argued the motion judge erred by proceeding in the absence of her counsel and that the costs award was excessive.

The Court of Appeal dismissed the appeal, noting the guardianship application was moot because the father had died 14 months prior, and finding that the appellant's counsel failed to maintain a proper office system to be aware of the hearing.

The court found no error in the discretionary costs award.

The appellant appealed the dismissal of her application to set aside an order granting summary judgment and dismissing her application for guardianship of her father.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that because the father had died, the guardianship application had no prima facie merit as the claim died with him.