Court File and Parties

Court File No.: 12-37617
Date: 2013-12-17

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Julie Christine DeNardi, applicant

AND: Janice Opie and others, respondents

BEFORE: Mr Justice Ramsay

COUNSEL:
Mr Brad J. Wiseman for the applicant

Mr Richard Nabi for the respondent Janice Opie

HEARD: 2013-12-17

Endorsement

[1] This is an application under the Substitute Decisions Act, 1992 for, among other things, the appointment of the applicant as guardian of the property of Anne Brittain. Today I adjourned the application to the week of March 3, 2014 at the request of the respondent and reserved my decision on terms of the adjournment. This is my decision on terms.

[2] This matter has been unduly delayed by the respondent Janice Opie. It has reached the point that the interests of justice and the best interests of the incapable person must take precedence over the availability of chosen counsel, Ms Hoy. I adjourned the application to a date that Ms Hoy is available. I ordered cross-examinations of the applicant and Ms Opie (limited to one hour each) to proceed on January 31, 2014, another date given by Ms Hoy. In order to protect the incapable person and the integrity of the process I impose the following terms of the adjournment:

a. The applicant is given leave to file further affidavit evidence;

b. Within 10 days of being served with an order reflecting this endorsement, the non-party, Proctor Manor, shall provide to the applicant copies of any documents relating to alleged abuse of Anne Brittain and the names and contact information of any persons known by Proctor Manor to have knowledge of any such abuse.

c. The non-parties Vivian Guigue and Dr Owsianik are at liberty to speak to the parties or their counsel about their knowledge, information and belief regarding any alleged abuse of Anne Brittain and to provide a written statement about such knowledge, information and belief. If necessary, the parties may examine the non-parties as witnesses under rule 39.03 of the Rules.

d. The respondent Janice Opie shall provide to the applicant no later than December 31, 2013 a statement of all assets and property in which Anne Brittain has an interest, including any jointly-held property or property held in trust for Anne’s benefit, together with values of same.

e. On or before December 31, 2013 the respondent Janice Opie shall fulfil all undertakings made at her cross-examination of September 12, 2013.

f. The costs of today’s attendance are fixed at $500 and reserved to the application judge.

J.A. Ramsay J.

Date: 2013-12-17