Court of Appeal for Ontario

Citation: Osadet v. Osadet, 2011 ONCA 269

Date: 2011-04-06

Docket: C52795

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

[1] We have listened carefully to the arguments of the appellant and Bogdan Osadet.

[2] Justice 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.

[3] Although 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.

[4] Accordingly, the appeal is dismissed.

[5] Margaret 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.