Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220506 DOCKET: C69730

Judges: Huscroft, Thorburn and George JJ.A.

BETWEEN:

The Public Guardian and Trustee Applicant (Respondent)

and

Mary Zammit and Patricia Zammit Respondents (Appellants)

Counsel

Counsel: Matthew Tubie, for the appellant Mary Zammit Patricia Zammit, acting in person Philippa Geddie, for the respondent

Hearing Details

Heard and released orally: May 3, 2022

On appeal from the judgment of Justice Bernadette Dietrich of the Superior Court of Justice, dated July 20, 2021.

Reasons for Decision

[1] The parties agree that the appeal is moot as a result of the death of the appellant Mary Zammit. The parties also agree that r. 11 of the Rules of Civil Procedure does not apply. Accordingly, the appeal is dismissed as moot.

[2] The Public Guardian is entitled to costs for an unsuccessful stay application brought by Mary Zammit and to costs on the appeal which are fixed in the amount of $5,000 all inclusive.

"Grant Huscroft J.A."

"J.A. Thorburn J.A."

"J. George J.A."