SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No.: 25544/11
Court File No.: 2468/12
Date: 2012-06-05

RE: KAREN SUE WILDING, Applicant

AND:

SYDNEY WAYNE WILDING, SHERRY BERNARD, WILLIAM WAYNE WALLACE, LARRY D. PETERSON, AND THE PUBLIC GUARDIAN AND TRUSTEE , Respondents

RE: KAREN WILDING, Applicant

AND:

SYDNEY WAYNE WILDING, Respondent

BEFORE: Justice E. Gareau

COUNSEL:
B. Willson, Counsel, for Karen Sue Wilding, the Applicant

O. Rosa,Counsel for Sydney Wayne Wilding, the Respondent

D. Cameletti, Counsel for Sherry Bernard and William Wayne Wallace, the Respondents

HEARD: June 1, 2012

ENDORSEMENT

[ 1 ] A case conference was conducted on the two above-noted files on June 1, 2012.

[ 2 ] Court File No. 2468/12 is a family law file in which Karen Wilding is seeking spousal support against Sydney Wayne Wilding.

[ 3 ] Court File No. 25544/11 concerns the validity of two wills and powers of attorney executed by Sydney Wilding and essentially is about who is to manage his estate while he is living and who is to be the beneficiary of his estate on his death.

[ 4 ] Sydney Wilding does not have capacity and Orlando Rosa was appointed as counsel for Sydney Wilding in Court File No. 25544/11 pursuant to Section 3 of the Substitute Decisions Act , 1992 by way of court order granted on May 1, 2012.

[ 5 ] Mr. Bruce Willson represents Karen Wilding in both the above-noted files Mr. David Cameletti represents Sherry Bernard and William Wayne Wallace in Court File No. 25544/11.

[ 6 ] There is much animosity and distrust between the parties in the court actions which has created difficulty with requests for disclosure and the production of relevant information, especially as it pertains to Court File No. 25544/11. The parties should have the benefit of complete and full disclosure of all relevant documents pertaining to the medical condition of Sydney Wilding and to the monies received and managed on his behalf. I am particularly concerned that Mr. Rosa receive all the documents available to be able to apprise himself as to the management of funds belonging to his client, Sydney Wilding.

[ 7 ] Accordingly, there shall be an order as follows:

(a) Sherry Bernard and William Wayne Wallace shall produce copies of all bank statements in their possession pertaining to the accounts for Sydney Wilding from January 1, 2011 to May 31, 2012 inclusive;

(b) Sherry Bernard and William Wallace shall produce copies of documentation in their possession as to disposition of real properties in the sole name of Sydney Wilding or the joint name of Sydney Wilding and any third person since January 1, 2011 and provide an accounting of the disposition of the sale proceeds;

(c) Sherry Bernard and William Wallace shall provide a breakdown of the expenses paid on behalf of Sydney Wilding from January 1, 2011 to May 31, 2012 inclusive;

(d) Sherry Bernard and William Wallace shall provide a full accounting of the disposition of any assets in the name of Sydney Wilding made between January 1, 2011 and May 31, 2012 inclusive;

(e) Sherry Bernard and William Wallace shall provide a list of all monthly sums received by Sydney Wilding including the payor and the amount.

[ 8 ] The aforementioned documentation listed in paragraph 7 shall be provided to Mr. Orlando Rosa, counsel for Sydney Wilding and to Mr. Bruce Willson, counsel for Karen Wilding, by July 13, 2012.

[ 9 ] Karen Wilding takes the position that she does not have to make disclosure of the assets in the name of Sydney Wilding which she has retained because she is his spouse and can manage and use these funds as she decides. In my view, Karen Wilding has changed her status from spouse to separated spouse when she issued her application on claiming spousal support pursuant to the Family Law Act . A pre-condition of such a claim is that you are separated from your spouse and this separation, coupled with the claim for support in which Karen Wilding names Sydney Wilding as the respondent, has placed her adverse in interest to Sydney Wilding. They are no longer working for the same purpose but rather Karen Wilding is protecting her sole interest. This being the case, it is reasonable that Ms. Wilding disclose information that may be relevant in both proceedings.

[ 10 ] Karen Wilding shall provide to Mr. Orlando Rosa and to Mr. David Cameletti, full particulars of all monies she has received or retained on behalf of Sydney Wilding from January 1, 2011 to May 31, 2012 inclusive and particulars of the disposition of those funds, with this production to be made by July 13, 2012.

[ 11 ] Sault Area Hospital is ordered to produce copies of hospital records for Sydney Wayne Wilding born September 1, 1931 from January 1, 2011 onward with these copies to be forwarded to Orlando Rosa, Wishart Law Firm, 390 Bay Street, Suite 500, Sault Ste. Marie, Ontario, P6A 1X2. Upon receipt of these documents, Mr. Rosa is directed to provide copies to Mr. Willson and Mr. Cameletti.

[ 12 ] It is my intention in this order that full disclosure be exchanged between the parties and a full accounting be made by the parties with respect to funds received on behalf of Sydney Wilding and managed on behalf of Sydney Wilding from January 1, 2011 onward.

[ 13 ] With respect to Court File No. 2468/12, I have made the following endorsement in the endorsement section of that file:

“Case Conference held, leave is granted to the applicant to proceed to the next step. Due to Mr. Wilding’s incapacity, Mr. Orlando Rosa is to be served. Mr. Rosa was appointed as counsel for Mr. Wilding pursuant to Section 3 of the Substitute Decisions Act , 1992 by court order dated March 1, 2012 in Court File No. 25544/11.”

[ 14 ] With respect to Court File No. 25544/11, no interlocutory steps are to be taken such as motions or examinations for discovery until a pre-trial has been conducted, which shall be arranged through the Trial Co-ordinator to be held before me on a date which is mutually convenient to counsel.

[ 15 ] One-half day shall be set aside for the pre-trial in action 25544/11 and it is ordered that all parties be present on the date and time arranged for the pre-trial.

Justice E. Gareau

Date: June 5, 2012