Court File and Parties

COURT FILE NO.: CV-21-00671449-0000

DATE: 20231130

SUPERIOR COURT OF JUSTICE – ONTARIO

IN THE MATTER of the Substitute Decisions Act, 1992, S.O. 1992, c. 30, as amended, sections 22, 55, 69, 70 and 71;

AND IN THE MATTER of the property and personal care of DOROTHY MAY ROBINSON

RE: SHANTEE GRANT, Applicant

AND:

DOROTHY MAY ROBINSON, LOUIS ASHBOURNE ROBINSON and THE PUBLIC GUARDIAN AND TRUSTEE, Respondents

BEFORE: Justice A.P. Ramsay

COUNSEL: Athena McBean, for the Applicant, Shantee Grant Katherine Ballweg, for the Public Guardian and Trustee No one appearing for Dorothy Robinson Louis Ashbourne Robinson, self-represented

HEARD: November 30, 2023

Endorsement

[1] Mrs. Robinson is currently 80 years old. Her husband, Kenneth Robinson, died on February 11, 2021. Mrs. Robinson and her husband had one daughter, who predeceased them. Mrs. Robinson has five grandchildren, including Shantee Grant (the applicant) and Shakur Grant (Mrs. Robinson’s Attorney for Property). The respondent, Louis Ashbourne Robinson (“Mr. Robinson”) is Mrs. Robinson’s brother-in-law. Mrs. Robinson also has two sisters, Donnett Ferguson and Carol Lewis, who live in the United States.

[2] Mrs. Robinson was diagnosed with schizophrenia in 2014 and since 2021, it has been suspected that she has dementia. She is apparently mobile and able to speak but requires assistance with activities of daily living, including medication. She has not had a formal capacity assessment.

[3] The applicant commenced this application under ss. 22 and 55 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 to obtain an order appointing her a guardian of property and a guardian of the person for Mrs. Robinson. Counsel for the applicant advises that all persons required to be served pursuant to s. 69(6) of the Substitute Decisions Act have now been served. The application was initially opposed by Mr. Robinson. Mr. Robinson advised today that he was not opposing the guardianship application but required an adjournment to address certain statements made about him in the applicant’s affidavit which reflect on his character.

[4] I declined to grant the adjournment on the basis suggested by Mr. Robinson, though I understand his reason for wanting to set the record straight. While I did hear submission from counsel for the applicant, counsel for the Public Guardian and Trustee and Mr. Louis on how to address the court’s requirement for further information, and the issues raised by the materials before me, the application, could not be heard fully on its merits due to late filing of materials by the applicant, the inability to access the bundle by the Public Guardian and Trustee, and the lack of sufficient information before the court regarding the state of Mrs. Robinson’s assets and some clarity or accounting for what has taken place, by others, with those assets. I have also advised counsel for the applicant that the court requires evidence of compliance with s. 70(1) of the Substitute Decision Act, that is to say, a statement included in the materials regarding the rights advice given to Mrs. Robinson and signed by the applicant, or an explanation as to why this cannot be done. From a review of the record, some clarity is required with respect to the following assets:

i. 625 Vaughan Rd, owned by 1659339 Ontario Ltd. (a company wholly owned by Mrs. Robinson’s husband prior to his death)

ii. MVA Settlement Cheque #1, for $236,513.97 – particulars are required of the entire amount for the MVA settlement, and accounting for any amounts spent from the first cheque

iii. Particulars will eventually be required of any sums being held by Mrs. Robinson’s lawyer (Mr. Benjamin) from her motor vehicle accident settlement, an explanation from Mr. Benjamin as to why the funds are being held, a copy of any release and settlement documentation, and any account for legal fees and disbursements for representing Mrs. Robinson in the motor vehicle accident

iv. Scotiabank Account #1, ending in 8675 – an accounting is required for the funds in this Scotiabank account, which had an opening balance of $236,613.97 in February 2021 and a balance of $61,031.67 as of December 2021

v. Scotiabank Account #2, ending in 7527 – held jointly with the respondent, Mr. Robinson. This account had a balance of $16,515.96 as of December 2021. An accounting will also be required for funds disbursed from this account.

vi. Further information is required with respect to the respondent, Mrs. Robinson and her late husband’s pensions, in particular where the funds are being deposited, and an accounting of how the funds have been and are being used.

vii. Particulars of the pre-build house in Pickering, for which Ms. Grant and Mr. Louis used $60,000 of Mrs. Robinson’s settlement money from the motor vehicle accident as a deposit.

[5] I am satisfied that at the moment Mrs. Robinson’s sister, Ms. Ferguson, has been making and continues to make decisions for her with respect to her personal care needs in accordance with clause 7 of s. 20(1) of the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A. I am however concerned that Shakur Grant, who has Power of Attorney for Property, has not been acting. This duty has apparently devolved to Mr. Robinson because of Mr. Shakur’s failure to act. This is deeply concerning. However, Mr. Robinson indicates that he has not acted for Mrs. Robinson with respect to her property since this application was brought.

[6] Mr. Robinson confirms that the Scotia Bank account ending in 7527 only contains funds belonging to Mrs. Robinson. He believes the pension is deposited in the Scotia Bank account ending in 8675. Mr. Robinson advises that he is the executor of Mrs. Robinson’s late husband’s Will and a trustee of a trust set up for her by her husband (his brother).

[7] I understand that the original application to appoint Ms. Grant was served on Mrs. Robinson.

[8] For the reasons above, I make the following disposition:

i. Pursuant to section 27 of the Substitute Decisions Act, the Public Guardian and Trustee is appointed as Dorothy Robinson’s temporary guardian of property.

ii. Notice with respect to the appointment of the Public Guardian and Trustee is dispensed with, given the urgency of the matter.

iii. The Public Guardian and Trustee has the power to investigate in accordance with s. 27 of the Substitute Decisions Act.

iv. I declare that the Scotia Bank account XXXX-XXX-7527 held jointly by the respondent Dorothy Robinson and the respondent Louis Robinson is the sole property of the respondent, Dorothy Robinson, and only Mrs. Robinson and/or her guardian of property shall have access to that account. (The Public Guardian and Trustee has the unredacted account number to permit it to have access to the account).

v. The respondent, Mr. Robinson, shall provide consent to the Public Guardian and Trustee to access the Scotia Bank account ending in 7527.

vi. The Power of Attorney granted by Dorothy Robinson to Shakur Grant is hereby suspended.

vii. No formal order is required, but if any party requires a formal order, a draft, in compliance with r. 59, may be submitted to my judicial assistant.

viii. A conference call is scheduled for December 13, 2023, at 9:30 a.m. to set a further date for the hearing.

ix. I remain seized.

A.P. Ramsay J.

Date: November 30, 2023