The applicants sought summary relief terminating powers of attorney granted by an elderly individual, declaring incapacity, appointing a guardian, and requiring an accounting of property proceeds.
The motion relied on Rule 20 of the Rules of Civil Procedure despite the proceeding having been commenced by notice of application and subject to a prior consent order directing that the issues be determined at trial.
The court held that Rule 20 summary judgment procedures apply to actions commenced by statement of claim and could not be used in this application where a trial had already been ordered.
The record also disclosed extensive credibility disputes and conflicting allegations concerning care of the grantor and management of property.
The court concluded that the issues required determination at trial and dismissed the motion.
