Paul Osier

The applicants sought termination of powers of attorney granted by their elderly mother to other family members and sought appointment of one applicant as guardian of property and person under the Substitute Decisions Act.

The court found the attorneys had failed to properly account for the sale proceeds of the incapable person's home and had breached their fiduciary duties in managing her finances.

The court also found the incapable person unable to manage her property or personal care based on capacity assessments.

Although concerned about the proposed guardian’s intentions and family financial conduct, the court terminated the existing powers of attorney and appointed the applicant as guardian subject to strict conditions, including restrictions on moving the incapable person and mandatory financial accounting.

The plaintiff brought an action against the Hamilton Police Services Board (HPS) for damages arising from the seizure of his vehicles and car parts by the Ontario Provincial Police (OPP).

The plaintiff alleged that the HPS was vicariously liable as a 'partner' of the OPP because an HPS detective assisted in examining the seized vehicles.

The Superior Court of Justice dismissed the action, finding no evidence of a partnership or joint investigation between the two police forces.

The court concluded that the OPP had exclusive control over the seizure and disposition of the property, and the HPS detective acted solely as an examiner.