The applicants sought full indemnity costs against Deborah Suzanne Roth following a guardianship application for their father, Norman Roth, which became moot upon his death.
The applicants alleged Deborah's conduct, including deception, undue influence, and fraud, frustrated the proceedings and delayed a determination of Roth's capacity.
The court found no legally meaningful connection between Deborah's alleged actions and any delay in the application's determination.
It also concluded that Deborah did not exercise undue influence over Roth, as Roth was found to have acted of his own free will in opposing the application and choosing his medical care.
Furthermore, while Deborah's non-disclosure of Roth's critical health condition to the court was serious, it ultimately had no consequences for the disposition of the motion or the application.
The applicants' motion for costs was dismissed.
