Jonathan Kappy

The applicant daughter brought an application seeking a capacity assessment for her father, her appointment as his guardian of property and personal care, and the setting aside of a 2020 Power of Attorney in favour of her brother.

The respondent parents brought a cross-application seeking the return of their assets held jointly by the daughter and an accounting of her management of their finances.

The court dismissed the daughter's application, finding insufficient evidence to displace the father's presumption of capacity or to set aside the 2020 Power of Attorney, and noting her failure to file a guardianship plan.

The parents' application was granted in part, with the court ordering the daughter to return title to their properties, relinquish joint accounts, and provide an accounting from 2018 to 2020.

The court also ordered the brother to provide an annual accounting and directed the appointment of a third-party administrator to manage the sale of the parents' Canadian properties.

A municipal candidate appealed preliminary rulings concerning the scope of an appeal from a Compliance Audit Committee decision ordering a compliance audit under the Municipal Elections Act, 1996.

The appellant argued the appeal should proceed as a de novo hearing rather than a review based on the existing record and challenged the committee’s procedures and lack of reasons.

The court held that appeals are presumptively based on the record unless legislation clearly authorizes a new hearing, and the statute provided only for an appeal.

Issues relating to fresh evidence and the standard of review were properly deferred to the hearing of the main appeal.

The preliminary appeal was dismissed.