Court of Appeal for Ontario
Before: O’Connor A.C.J.O., Laskin and MacPherson JJ.A.
Between
Margaret Osadet
Appellant (Applicant)
and
Stefan Ivan Osadet, Bogdan Osadet, Elena Pauciuc and the Public Guardian and Trustee
Respondents (Respondents)
Counsel:
Margaret Osadet, appearing in person
Stefan Ivan Osadet, appearing in person
Bogdan Osadet, appearing in person
Bruce Arnott and Emily Griffith, for the respondent, the Public Guardian and Trustee
Heard: April 1, 2011
On appeal from the judgment of Justice Michael Penny of the Superior Court of Justice dated September 15, 2010.
APPEAL BOOK ENDORSEMENT
1We have listened carefully to the arguments of the appellant and Bogdan Osadet.
2Justice Penny ruled that the continuing power of attorney was not valid and that Margaret Osadet would not be a suitable guardian of property for Stefan.
3Although Margaret Osadet and Bogdan Osadet are very loyal to Stefan, there was ample evidence to support both of Justice Penny’s findings and no error in the reasons for judgment.
4Accordingly, the appeal is dismissed.
5Margaret Osadet and Bogdan Osadet shall each pay $1,000 to the Public Guardian and Trustee as costs of the appeal, inclusive of disbursements and applicable taxes.