Kathleen Lindsay

This is a costs decision following a motion to appoint a litigation guardian for Anthony Di Silvestro Sr. The plaintiffs, Kathy Ann Di Silvestro and Kandis Developments Limited, successfully moved to appoint an independent litigation guardian (Bryan Gelman) for Anthony Di Silvestro Sr., despite opposition from the defendants Laura Marie Di Silvestro and Matthew Dennis Di Silvestro, who proposed themselves or an accountant with prior involvement.

The court awarded the plaintiffs $80,000 in costs, with 50% to be paid by Anthony Di Silvestro Sr. and the other 50% jointly and severally by Laura Marie Di Silvestro and Matthew Dennis Di Silvestro, due to their pursuit of inappropriate LG candidates despite clear conflicts of interest.

The plaintiffs brought a motion to appoint an independent litigation guardian for Anthony Di Silvestro Sr., who was deemed incapable of managing his property and instructing counsel.

The defendants, including Tony Sr.'s daughter Laura, opposed, arguing Laura should remain as LG based on a Power of Attorney and that the plaintiffs needed to show misconduct.

The court found that Laura and Matthew had conflicts of interest due to allegations of undue influence over their parents' business and estate plans.

The court dismissed Laura's claim that her prior self-appointment as LG shifted the burden to the plaintiffs to prove misconduct.

Applying the 'best interests test' and 'indifference' principle from Gronnerud, the court ruled that neither Laura, Matthew, nor a family-connected accountant (Mr. Mastroluisi) were suitable due to potential conflicts.

The court appointed Bryan Gelman, an independent insolvency trustee, as the litigation guardian for Tony Sr., subject to approval of terms.