COURT OF APPEAL FOR ONTARIO

DATE: 20060921

DOCKET: C44154

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

[1] The issue before us is whether Campbell J. erred in appointing the Public Guardian and Trustee as the appellant’s litigation guardian.

[2] Clearly 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.

[3] There 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.”