COURT OF APPEAL FOR ONTARIO
RE:
JERZY SOSNOWSKI (Appellant/Plaintiff) – and – FRED JOHNSON, ZOO STUDIO INC. and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Defendants)
- AND BETWEEN -
JERZY SOSNOWSKI (Appellant/Plaintiff) – and – DEPARTMENT OF TRANSPORTATION, STATE OF OHIO and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Defendants)
- AND BETWEEN -
JERZY SOSNOWSKI (Appellant/Plaintiff) – and – KOTICK & ASSOCIATES and DIANE G. CRAIG (Defendants)
BEFORE:
McMURTRY C.J.O., BLAIR J.A. and CUNNINGHAM A.C.J. (ad hoc)
COUNSEL:
Mr. Jerzy Sosnowski, in person
Louis Leibowitz
for the Office of the Public Guardian & Trustee
HEARD & RELEASED ORALLY:
September 20, 2006
On appeal from the judgment of Mr. Justice Colin Campbell of the Superior Court of Justice dated, August 18, 2005.
E N D O R S E M E N T
1The issue before us is whether Campbell J. erred in appointing the Public Guardian and Trustee as the appellant’s litigation guardian.
2Clearly the onus of establishing that a party is under a disability rests with the person making the allegation. Disability occurs when a party is unable to understand information relevant to making a decision in respect to an issue in the litigation or is unable to appreciate the reasonably foreseeable consequences of a decision of lack of decision. Although the most recent report of Dr. Hanic was not based on an in-person evaluation of the appellant, it was informed by a prior meeting as well as numerous reports with which he was provided as well as other documents written by Dr. Sosnowski. Moreover the learned motions judge did not rely solely upon Dr. Hanic’s report. His decision was supported by other evidence including the evidence of the appellant’s relationship with Thomson Rogers through the affidavit of Michael Bennett.
3There was no error and the appeal is dismissed without costs.
“R. Roy McMurtry C.J.O.”
“R.A. Blair J.A.”
“Cunningham A.C.J.”
