M. Elbassiouni

The City of Brampton sought costs following the dismissal of a motion brought by Essam Elbassiouni to be appointed as litigation guardian for his brother, Ahmed Elbasiouni.

The court rejected the applicant's argument that the parties had reached a no-costs settlement.

Finding that the motion had no reasonable prospect of success and was brought in a finally disposed proceeding, the court awarded substantial indemnity costs to the City.

The costs were ordered payable by Essam Elbassiouni, rather than the applicant's counsel, and were fixed at $15,536.83.

The applicant sought to be appointed as the guardian for his cousin under the Substitute Decisions Act.

The respondent had been admitted to the hospital multiple times for suicidal ideation and was found incapable of consenting to medical treatment or administering his property.

The court granted the application, finding compelling medical evidence from the attending psychiatrist that the respondent required a substitute decision-maker.

The applicant, Essam Elbassiouni, brought a motion to be appointed as the litigation guardian for his brother, Ahmed Elbasiouni, in several ongoing proceedings against the City of Brampton.

The court found that the applicant failed to provide clear and cogent evidence that Ahmed lacked the capacity to instruct counsel or manage his litigation.

The court noted significant flaws in the capacity assessment report and concluded the motion was likely a tactic to delay an upcoming Court of Appeal hearing.

Furthermore, the court held that even if Ahmed required a litigation guardian, Essam would be inappropriate due to conflicts of interest.

The motion was dismissed.