The applicant, Panagiota Aggelakos, sought the appointment of The Canada Trust Company as Guardian of Property for her incapable parents, Nikolaos and Kostadina Aggelakos, due to the respondent, Ioannis Aggelakos's, persistent non-cooperation and failure to abide by a prior settlement agreement.
The respondent, co-attorney with the applicant, opposed the appointment, arguing it was against his parents' wishes and that he intended to cooperate.
The court found that the respondent's lack of cooperation, including failure to open a joint bank account for two years, resulting in significant lost interest income, and his submission of unsworn and late material, created an injustice for the incapable parents.
The court varied the prior settlement and ordered the appointment of The Canada Trust Company as Guardian of Property for both parents.