The guardians of an incapable person moved to amend a management plan to allow for the sale of a property co-owned by the incapable person and her spouse.
The spouse, a non-party who had previously financially exploited the incapable person, opposed the sale indirectly through the incapable person.
The court found the incapable person's opposition was unreliable and the product of the spouse's influence.
The court granted the motion, ordering the sale of the property as it was in the incapable person's best interests.
The court also ordered costs on a full indemnity basis to be paid from the proceeds of the sale prior to distribution, effectively making the non-party spouse liable for half the costs due to his gross misconduct.
