Kaylie Handler

The defendants brought a motion to remove the current litigation guardian and appoint the Office of the Children's Lawyer (OCL) for the minor plaintiffs.

The current litigation guardian and her counsel failed to attend case conferences and comply with timetables, causing significant delays.

The court found that the current litigation guardian was unable to continue due to health issues and a breakdown in the solicitor-client relationship.

The court ordered the removal of the current litigation guardian and appointed the OCL in her place, as no other suitable person was available.

The court also ordered the litigation guardian's former counsel to personally pay costs thrown away for a missed appearance.

The moving party sought to reopen a Court of Appeal decision disposing of appeals concerning guardianship of an incapacitated person.

The moving party alleged that new information had been deliberately concealed, consisting of quarterly reports revealing a $43,000 payment to Section 3 Counsel for appeal work and a $442,000 transfer between accounts.

The moving party contended these payments evidenced an improper litigation agreement and breach of fiduciary duty.

The court dismissed the motion under Rule 2.1.02 as frivolous, vexatious, and an abuse of process, finding the information was not genuinely new and could not have affected the original decision.

Two consolidated appeals concerning guardianship and personal care arrangements for an elderly woman with Alzheimer's disease.

The applications judge appointed one daughter as guardian of personal care and a trust company as guardian of property, with compensation awarded to the daughter for past care services.

A subsequent motion to vary the guardianship order was heard based on changed circumstances.

The appellants challenged the guardianship appointments, the compensation award, and alleged judicial bias and misconduct by the section 3 counsel.

The Court of Appeal dismissed all appeals, finding no error in the applications judge's decisions and rejecting allegations of bias and misconduct.