M. Phan

Following a decision confirming the Public Guardian and Trustee as the statutory guardian of property for an incapable person, the court determined the issue of costs.

The unsuccessful respondent, who had sought to be appointed guardian, was ordered to pay costs to the Public Guardian and Trustee and to the incapable person, who had opposed his appointment.

The court rejected the argument that the publicly funded Public Guardian and Trustee should not be awarded costs, and fixed costs on a partial indemnity scale.

The Public Guardian and Trustee (PGT) sought an order confirming its refusal to issue a certificate of statutory guardianship to the respondent son in respect of his incapable mother.

The mother, who was diagnosed with dementia, strongly opposed her son's appointment due to a history of family conflict and alleged financial misappropriation.

The court considered the incapable person's wishes, the closeness of the relationship, and her best interests under the Substitute Decisions Act.

The court concluded that appointing the son would cause increased conflict and that the mother's best interests were aligned with her wish for the PGT to remain as her statutory guardian of property.

The defendants sought costs following a 20-day trial where the plaintiffs' claims were dismissed and the defendants succeeded on their counterclaim.

The court awarded the first group of defendants costs on a substantial indemnity basis due to the plaintiffs' reprehensible conduct, which amounted to elder abuse.

The second group of defendants was awarded partial indemnity costs, as the claims against them were not found to be vexatious.

Total costs of over $325,000 were awarded against the plaintiffs.