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The court recognized and enforced a UK court order appointing deputies for an incapacitated person's property in Ontario.
The court considered whether to recognize and enforce a UK court order appointing deputies for the property and affairs of Marija Jurate Danilunas, who resides in England but has significant assets in Ontario.
The applicants sought either full recognition of the UK order or, alternatively, an ancillary order permitting them to access and use Ms. Danilunas’s Ontario assets.
The court reviewed the statutory and common law framework for recognition of foreign guardianship orders, the competing values of autonomy and protection of the vulnerable, and the public policy implications.
Ultimately, the court recognized and enforced the UK order, finding that the process and protections in the UK were sufficiently robust and that no public policy or procedural concerns justified refusing recognition.
Successful applicant in guardianship dispute awarded $35,000 in costs due to respondent's unreasonable and obstructive conduct.
Following a 10-day trial where the applicant mother was awarded legal guardianship of the parties' 18-year-old son, the mother sought costs of $52,132.65.
The respondent father opposed, arguing each party should bear their own costs due to the mother's alleged unreasonable behaviour.
The court found the father's conduct was far more obstructive and unreasonable, though not meeting the threshold for bad faith.
The court awarded the mother costs of $35,000 payable forthwith, noting the father's ability to pay.
