Court File and Parties

Court File No.: CV-23-00700527-00ES
Date: 2025-02-07
Court: Superior Court of Justice – Ontario (Toronto Estates List)

In the matter of the Substitute Decisions Act, 1992, S.O. Chapter 30, as amended, sections 22, 27 and 42.
And in the matter of the property of Rodney Beals:

Applicant: The Public Guardian and Trustee
Respondents: Rodney Beals, Valerie Cain, Aundra Beals, Nigel Beals, and DeAundra Beals

Before: C. Gilmore

Counsel:

• Katherine Ballweg, Counsel for the Applicant
• Marshall A. Swadron, Counsel for the Respondent Rodney Beals
• Aundra Beals, DeAundra Beals, Nigel Beals, and Valerie Cain appeared on their own behalf

Heard: 2025-01-17

Endorsement on Application

Introduction

[1] The Public Guardian and Trustee (the “PGT”) brings the within Application for guardianship of the property of Rodney Beals (“Rodney”) and related relief. The PGT seeks to vacate the current Power of Attorney for Property which names his sister Aundra Beals (“Aundra”) as his Attorney for Property, Rodney’s mother Valerie Cain (“Valerie”) as his alternate Attorney for Property, and his niece, DeAundra Beals (“DeAundra”) as his further alternate Power of Attorney for Property.

[2] Rodney is 55 years old and has been diagnosed with schizophrenia and developmental delay.

[3] The Respondent Nigel Beals (“Nigel”) is Rodney’s nephew. Aundra and Nigel are the joint owners of 3642 Kingston Road, Unit 28 in Scarborough (“the Home”). Nigel and DeAundra are the children of Aundra. Lois Beals (“Lois”) is Rodney’s sister. Lois does not live at the Home and is estranged from the family.

[4] Rodney lives at the Home with Valerie, Aundra, Nigel and Courtney Williams (Aundra’s partner). DeAundra lives elsewhere with her husband and children.

[5] The issue in this case relates to Rodney’s $2M lottery winnings in August 2019. The PGT alleges that Valerie breached her fiduciary duty by gifting the winnings to herself. Further, Valerie, Aundra and DeAundra cannot remain as Attorneys for Property or alternate Attorneys as they benefitted from the lottery winnings. None of the lottery winnings remain. A nominal amount of the winnings was used for Rodney’s benefit.

[6] Specifically, the PGT seeks guardianship over Rodney’s ODSP income, his Passport income, and his RDSP. They also seek to secure the home in which he lives as the mortgage for that home was paid off in part with lottery winnings according to the PGT. The PGT requests that a charge in the amount of $2M be placed against the home but not enforced unless funds are required for Rodney.

[7] Aundra, Valerie and DeAundra do not consent to the Guardianship. They submit that Rodney gifted the lottery winnings to Valerie and that he had the capacity to do so. Aundra and Valerie concede they disbursed the lottery winnings to family and friends.

[8] Rodney also opposes the Application and submits that he wants the status quo to remain in place.

[9] The PGT does not seek Guardianship over Rodney’s Personal Care. The PGT accepts, with some reservation given past reports, that Rodney is content living with his mother, and sister and that they provide emotional support and care for him.

[10] For the reasons set out below, I find that the current POA for Property must be set aside and the PGT must be appointed as Rodney’s Attorney for Property. This is not intended to disrupt Rodney’s day to day life but to ensure that his assets are protected. His mother and sister have breached their fiduciary duty to Rodney even if he intended to gift some of his lottery winnings to them. There must also be some security against Aundra’s home to ensure that in the event that Rodney becomes even more disabled there will be funds available to care for him.

Litigation History

[11] The original Application in this matter was issued on June 2, 2023. The Application was amended on June 20, 2024 to add a request for a Certificate of Pending Litigation (“CPL”) against the Home, a preservation order, tracing orders and a declaration that Aundra and Valerie held the lottery funds on a resulting trust and had breached their fiduciary duty as Rodney’s Attorneys for Property.

[12] The Application was amended again on July 12, 2023 to add relief that Rodney undergo a capacity assessment and to request an Order dispensing with mandatory mediation.

[13] The matter first came before this Court on June 30, 2023. The parties consented to a non-dissipation Order for the Home, and the production of records relating to Rodney’s CIBC account and OLG’s file with respect to the lottery winnings. The matter returned to Court on July 18, 2023. A consent Order required Aundra to provide the PGT with a record of her management of Rodney’s ODSP, Passport funds and a breakdown of expenses.

[14] The matter was adjourned to September 18, 2023 before Justice Sanfilippo. A litigation timetable was set for a hearing of the Application on January 19, 2024. The Order resulting from the September 2023 appearance required that Aundra and Valerie provide evidence to the PGT that they had opened a bank account in Rodney’s name, that his ODSP funds be deposited into that account and that Aundra maintain records of how funds from that account were spent. Further, Rodney’s income was not to pay more than 20% of household expenses including hydro, gas, heating and groceries. Rodney was not to be responsible for property tax or house insurance.

[15] On January 19, 2024, a motion was brought by the PGT for a declaration that Rodney was incapable of managing property, or in the alternative that he be required to submit to an assessment. Rodney opposed that motion. Valerie and Aundra also opposed the motion. Their position was that Rodney is not incapable of managing his property and as such they are not fiduciaries or substitute decision makers for him.

[16] Based on the evidence provided by the PGT, I found that Rodney was an incapable person pursuant to section 6 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 ("SDA"). I directed that the parties attend mediation and that Valerie and Aundra provide an informal accounting.

[17] On July 30, 2024, I heard a motion brought by the PGT to add DeAundra as a party to the Guardianship Application. The PGT was not aware of Rodney’s February 9, 2023 Power of Attorney for Property until they received a copy in September 2023 (“the 2023 POAP”).

[18] The 2023 POAP names Valerie as the primary Attorney for Property with Aundra as the alternate and DeAundra as the further alternate. Given that DeAundra would have a right to act under the 2023 POAP in the event of Valerie and/or Aundra’s resignation, renunciation or removal, DeAundra was a necessary party to the Guardianship Application.

[19] DeAundra, Valerie and Aundra did not consent to DeAundra being added as a party. I found that the PGT had met the required test with respect to the motion to amend and DeAundra was added as a party on July 30, 2024.

Rodney’s Incapacity and Diagnosis

[20] As early as 2005, Dr. Connie Marras from Toronto Western Hospital reported that Rodney suffered from a lifelong intellectual and behavioural disturbance.

[21] Rodney’s family doctor, Dr. Toledano, has been treating Rodney for more than 25 years and is familiar with his diagnosis and condition. Dr. Toledano confirms that Rodney has chronic long-standing schizophrenia and takes anti-psychotic drugs by injection. Rodney has developed spasms which Dr. Toledano suggested were a side effect of schizophrenia. Dr. Toledano told the PGT investigator William Merrick, that there were other drugs that Rodney could try but he could not afford them because they were not covered by the Ontario Drug Benefit.

[22] In July 2021, Dr. Toledano described Rodney as stable but completely dysfunctional. In December 2021, Dr. Toledano noted that part of Rodney’s problem is that his treatment options are limited due to the cost of accessing the drugs he needs which he cannotafford. In August 2022, Dr. Toledano noted that Rodney had significantly unstable health due to his mental health.

[23] In October 2022, Rodney’s ODSP Worker received a call alleging that Rodney’s mother and sister had been financially abusing him. The caller indicated that Rodney does not see any of his ODSP funds and that after he won the lottery in August 2019 his mother used the funds to set up a moving company and buy trucks. The same person also called the ODSP hotline.

[24] In October 2022 Lois called the PGT’s Guardianship Investigations Unit and advised that Valerie keeps Rodney’s ODSP money for herself. He has won the lottery in the past (in addition to the amount won in 2019) and he received $250,000 for the settlement of a class action lawsuit against his former group home. Rodney has never seen any of this money although Lois believed some of it went into Rodney’s RDSP. The house in which Rodney lives was purchased with his lottery winnings. Some of the lottery winnings went to family members who reside in Nova Scotia. Payments to those aunts and uncles ranged from $5,000 to $20,000.

[25] The calls in October 2022 prompted the PGT to investigate this matter.

[26] In November 2022, Dr. Toledano noted that Rodney admitted to doing nothing constructive other than playing the harmonica. The doctor noted that a discussion was needed with his family regarding a future plan to keep Rodney active and learning new skills.

[27] On January 6, 2023, Rodney had a seizure outside of a TTC station and was found drooling and confused. He had apparently not taken his medications in some time. He was taken to the hospital and the hospital contacted Aundra who advised that Rodney had “escaped” and had been away from home for several days without taking his medication.

[28] A note from a UHN hospital admission on January 6, 2023 notes that Rodney had a shoulder fracture dislocation. He was noted as having schizophrenia and unable to provide a coherent past or current medical history. His family was contacted and were happy that Rodney had been found. On January 8, 2023 while still in hospital Rodney fell out of bed because of a seizure. He was found in a convulsive state and foaming at the mouth. He remained in hospital and was monitored for several days. An RN on duty on January 12, 2023 noted that Rodney was calm but talking loudly to himself in his room. Sometimes he would verbally abuse hospital staff but apologize later.

[29] While in hospital Rodney was noted as having difficulty following simple instructions.

[30] On January 23 and 24, 2023, Rodney was adamant that he did not want to return to Aundra’s home because he did not feel safe there and told the Social Worker, Mr. Gerrie, that those at Aundra’s home “don’t really provide care for him.” He asked to go to Lois’ house because Aundra’s partner “hits him”.

[31] On January 25, 2023, a Mini Mental Exam was conducted on Rodney by an Occupational Therapist while in hospital. He scored 0/5 for attention and calculation, 0/1 for repetition, and 0/1 on reading writing and drawing. His overall score was 13/30. The Occupational Therapist noted that Rodney was not “cognitively intact.”

[32] On January 25, 2023, Rodney was discharged from hospital to Lois’ care. As Aundra had filed a missing person’s report, police attended at Lois’ home. Rodney was fearful when the police attended and returned him to Aundra’s care.

[33] When Aundra and Valerie were contacted by way of follow up from the hospital social worker, Valerie expressed concerns about Rodney having been released into Lois’ care as he was not capable of making such a decision on his own.

[34] On January 27, 2023, Rodney returned to Toronto Western claiming he wanted to stay there because he had no family.

[35] On January 30, 2023, Rodney approached paramedics complaining of chest pain and was taken to the hospital.

[36] On February 6, 2023, Rodney attended the emergency room at Toronto Western and stated that he did not wish to return home to his mother and sister. He stated that he preferred to find a shelter bed due to what the intake worker described as complicated family dynamics.

[37] On February 22, 2023, Rodney once again attended the emergency room at Toronto Western claiming he wanted something to eat and some peer support in order to obtain a shelter bed. On April 29, 2023 Rodney attended the emergency room at Toronto Western asking to have his arm cast taken off. Dr. Patel noted that Rodney as a poor historian given his schizophrenia.

[38] Rodney was admitted to hospital again in November 2023.

[39] In February 2024, Canadian Mental Health Association worker Melissa Furtado spoke to Valerie and Aundra about supports for Rodney. She noted that Valerie was very guarded with her answers about Rodney. Aundra advised that there was no further need of support for Rodney. Further attempts to reach Rodney by Ms. Furtado were unsuccessful.

[40] Rodney does not have good teeth. He has attended at the University of Toronto Faculty of Dentistry for treatment because he cannot afford regular dental care.

[41] Dr. Toledano advised the PGT investigator that Valerie often attends appointments with Rodney. Valerie advised Dr. Toledano that Rodney periodically neglects himself and will wander for days without coming home. At those times he would not take his medications or eat. Rodney has difficulty expressing himself due to his significant learning disability. Dr. Toledano noted that Rodney was underweight and was concerned that he was neglecting himself.

[42] Dr. Toledano opined that Rodney required structure and support due to his disability and mental health issues. Rodney’s schizophrenia results in Rodney demonstrating a lack of insight and judgment and therefore requires long term structure and surveillance. Rodney’s schizophrenia causes “severe debility and incapacity.” He is completely dependent on his family and not involved in any programs to improve his skills. Dr. Toledano intended to refer Rodney to a psychiatrist and recommended that Rodney become involved in day programs to improve and learn new skills.

[43] It is conceded by all parties that Rodney’s schizophrenia is not static. At times he will wander and panhandle for days. At other times he does well, and is stable and conforming. In a recent December 2024 report, Dr. Toledano indicated that Rodney has recently been doing well and no longer wandering away from home. His routine has stabilized, and he has been eating well. He takes his medications and is doing more chores at home including grocery shopping.

[44] While Rodney’s schizophrenia may vary from week to week or day to day, his learning disability does not. Valerie has deposed that Rodney was diagnosed as “mentally retarded” at 9 years of age. He resided in a residential school and then a group home for “special children” until age 19. Thereafter he resided in group homes. It is conceded that Rodney needs help with reading, writing and completing forms.

[45] At one point Rodney had his own apartment. This became problematic when Rodney began housing friends who had addictions and who were involved in criminal activity. In 2005 Valerie asked Rodney to move in with her due to her concerns about his living arrangement.

[46] Valerie and Aundra maintain they have never had to act under the 2023 POAP because Rodney is capable of managing his property. Notwithstanding the finding of this Court in January 2024 that Rodney is incapable of managing his property, Valerie and Aundra’s position remains unchanged. Their position is that they simply support Rodney. They do not manage his property.

[47] Notwithstanding this position, Valerie and Aundra’s sworn evidence is that Rodney frequently loses valuable items, cannot manage his belongings on his own and cannot take expensive items out of the house, such as his iPad, because people take things from him or he loses them. They oversee the administration of Rodney’s medication for his seizures and schizophrenia, make his medical appointments, take him to his medical appointments and generally monitor Rodney to ensure he is safe and completes his daily hygiene tasks. Due to safety concerns Rodney is not permitted to operate the stove or cook. His meals are provided for him by his family.

[48] In February 2023 the PGT investigator spoke to police who advised that Aundra told them that Rodney does not need any community or mental health support.

[49] Rodney has a history of panhandling and sleeping on the street or in shelters. The Toronto Police Service provided the PGT with a list of occurrence reports related to Rodney. Between 2014 and September 2023 Rodney had 30 fines for littering and panhandling, and five missing person reports. The fines total $13,352.50 and remain unpaid.

[50] The Court did not require that Rodney undergo a capacity assessment in this matter. The extensive medical evidence was sufficient for this Court to find that Rodney was an incapable person pursuant to the SDA on January 29, 2024.

Financial Issues

The Lottery Winnings

[51] In August 2019, Rodney bought an OLG lottery ticket and won $2M. He attended the OLG offices on August 26, 2019 to claim his prize. The following day, a joint account was opened by Valerie with Rodney and Aundra as secondary account holders. By September 2019 over $1M had been transferred out of the joint account. The PGT alleges that none of the expenditures from the joint account benefitted Rodney. Valerie and Aundra have never wavered in their position that Rodney had the capacity to gift the funds to Valerie and he did so in acknowledgment of everything the family had done for him. As such, they were entitled to use his lottery winnings as they pleased.

[52] On June 30, 2023, I ordered that OLG produce their file with respect to Rodney’s lottery win. The file revealed the following information:

a. In March 2012 Rodney won $100,000 on a scratch lottery ticket.
b. On March 7, 2012, Aundra signed an OLG form in which she stated that Rodney had given her the scratch ticket. Aundra did not check off the box on the form to indicate that she had received the ticket as a gift. She ticked off the “other” box and explained that her brother had given her the ticket.
c. When Rodney won $2M in August 2019, the OLG required that he be interviewed as per their protocol when a large amount is won by an individual in order to prevent fraud.
d. Rodney was interviewed by an OLG representative on August 26, 2019. The meeting was recorded. The PGT provided a transcript of the recording. Rodney was asked for his date of birth and his address and produced his health card and passport by way of identification. When asked what his address was Rodney simply responded “mmhhm.” His address had to be read to him.
e. The interviewer confirmed with Rodney where he bought the ticket, and that Rodney was the only person with a claim to the ticket. The interviewer went on to confirm that Aundra, Valerie and DeAundra were there and waiting outside for Rodney. When asked, Rodney did not know if Aundra worked and when asked if his mother worked, he said “maybe.”
f. Rodney asked the interviewer several times if he was in trouble and he had to be reassured he was not. When asked what he intended to do with the money he responded that he did not know.
g. The Lottery Prize Declaration Form had to be read to Rodney and he provided an answer after each sentence was read.

[53] Aundra was also interviewed by OLG personnel on August 26, 2019. Aundra advised that she works as a site administrator managing two apartment buildings. Her mother Valerie is retired. Her daughter DeAundra did not live with them but is self-employed. Aundra told OLG that Rodney buys $30-$40 worth of lottery tickets every day. Sometimes he gives his tickets away to other people but mostly he brings them home for Aundra to check. Aundra gives him an allowance every day to ensure he returns home. Aundra told OLG personnel that Rodney came home during the day to take his medication and then they let him go back out. Sometimes he forgets to return home and the family has to search for him.

[54] While Aundra told OLG personnel that Rodney had decided to gift his lottery winnings before he came for his interview, as indicated above he told the interviewer that he did not know what he would do with the money.

[55] When the lottery winnings were received, Aundra endorsed the cheque and deposited the winnings into the joint account she had opened for her and Rodney.

[56] Based on the bank disclosure provided, Aundra made the following transfers between August 2019 and September 2020:

a. Within 30 days, she transferred $901,000 into her solely owned CIBC account; By January 1, 2023, there was $49.33 left in that account.
b. On January 3, 2020, she took out a bank draft in favour of TD Bank to pay off mortgage no. 5997526. It is not known whose mortgage that was.
c. Between September 2019 and July 2020, Aundra transferred $137,200 into unknown accounts.
d. On September 3, 2019, Aundra transferred $100,000 to Willi Beals. It is not known who Willi Beals is.
e. $205,775 was taken out of the account in cash withdrawals.
f. The account was completely depleted by August 2020. As it was an interest-bearing account, considerable interest would have been earned had the funds (or a portion of them) remained in the account.
g. Based on the information from CIBC, all transfers out of the account came from a single mobile app user. Therefore, the only people who could have made those transfers were Aundra or Valerie.
h. In November 2018, Aundra and Nigel took out a mortgage for $175,000 against the Home. The mortgage was discharged on November 18, 2019.

[57] In November 2022, the PGT investigator called Lois. She advised the Investigator that Rodney’s lottery winnings were used to pay off Aundra’s mortgage, buy vehicles for her children and help her boyfriend open a moving business and buy trucks for that business.

[58] In January 2023, Lois called the PGT investigator and advised that Aundra had used Rodney’s lottery winnings to buy DeAundra a Rolls Royce and a house.

[59] On January 11, 2023, the PGT investigator visited Rodney while he was at Toronto Western hospital. The investigator asked Rodney how much he had won in the lottery. Rodney advised that he had won $6,000. Rodney told the investigator that he does not know how much ODSP he receives but that “they keep it.” When questioned by the investigator Rodney advised that he did not know if he had a Power of Attorney.

[60] On June 12, 2023, the PGT investigator called Aundra and asked to speak to her about the lottery win allegations. Aundra was not prepared to talk to the investigator as she said it was a private matter and there were no issues.

[61] Aundra and Valerie were ordered to account for their management of Rodney’s property. They provided a two-page accounting in March 2024. A copy of the accounting is set out below:

To whom it may concern:

Re: Informal Accounting provided by Valerie Cain & Aundra Beals

Approximately $175,000 was payment towards the primary residence for the whole family located at 3642 Kingston Road, Scarborough TH28 - (Aundra and Nigel's are registered owners). We have lived at this address for over 15 years.

Our primary home was not paid off from the 2019 lottery win. My daughter kept making monthly payments. Our home was not completely paid off until October 29, 2021.

The first thing I remember doing, was taking the whole family to Niagara Falls, Marine Land as a celebration. This included my three children and the grandchildren as well.

I instructed Aundra to deposit $30,000 into an account for my youngest daughter Lois. The account has since been closed, but at the time, it was a joint account opened in both daughters’ names.

Additionally, I instructed Aundra to pay for Lois’ dental bill that came to around $12,000 + I think.

For my grand-daughter Calvalene (one of Lois's children), I paid off an eviction order payment for her back payments for rent - I don't remember the exact amount.

I gifted money to all my grandchildren, family members and friends that have helped our family over the years.

We purchased beds, new stove, fridge for our home.

We did some upkeep and maintenance work to our home - Ceramic tiles installed on the walls of the staircase approximately $4,000.

Daily living expenses, some dental bills not covered by OHIP.

Shopping for clothes and accessories for all my children and grand children.

We didn't keep records or receipts as you can understand they were given from the heart and we never thought or anticipated that we would be put in a situation where I would have to provide accounting. My son gave me the winning ticket in the fall of 2019 and now we are in Spring of 2024. I keep stressing the point that cheque was given to me as a gift from my son.

“Valerie Cain”

[62] The PGT alleges that Aundra, Valerie and DeAundra have mismanaged Rodney’s lottery winnings and have breached their fiduciary duties in doing so. The PGT denies that the winnings were a gift from Rodney.

[63] In the course of their investigation, the PGT reviewed Aundra’s Facebook and Instagram accounts between December 2016 and May 2023. The posts by Aundra relate to shopping at expensive stores and displaying her purchases. The following are examples:

a. In an Instagram reel from January 2, 2022, her children are posed in front of a Christmas tree surrounded by gifts in bags from Louis Vuitton and Holt Renfrew;
b. Posts in April and May 2022 show Aundra and family going to Niagara Falls via stretch limos to attend a winery and a spa;
c. A post on October 13, 2022 entitled “Mommy’s first Caribbean vacation!!!!” and shows a tropical setting and Valerie enjoying a tropical drink;
d. In an Instagram post dated May 28, 2023, Aundra posted a photo saying she came home from Rome the night before to be with DeAundra on her birthday.

[64] Social media posts from DeAundra’s account were also provided by the PGT in their record as follow:

a. DeAundra posted a photo of herself with a red Mercedes and a blue Rolls-Royce which appear to have been purchased in May 2021. Her caption ponders what to name the new vehicles and ends with HAPPY BIRTHDAY TO ME!
b. In February 2022 DeAundra posted a picture of herself posing next to a white Mercedes with a red ribbon on it.
c. In March 2022 she posted a photo of herself inside the blue Rolls-Royce and refers to going to an event in it.
d. In April 2022 she posted a photo of herself inside the Rolls-Royce with the caption “And if they hate then let them hate…and watch the money pile up!”
e. In June 2022 DeAundra posted a photo of herself on a balcony overlooking Miami Beach wearing a luxury brand shirt.
f. In July 2022 she posted a picture of herself in front of the white Mercedes with the caption “Paid in Full”. She is wearing a luxury brand shirt.
g. DeAundra appears to own more than one property. In October 2021 she posted a photo with a caption that she and her husband had just finished picking out the finishings to their daughter’s house. A graduation present.
h. DeAundra and her husband appear to own several businesses based on hashtags, which refer to a home staging business, an eyebrow business, a renovation business and logistics business. DeAundra’s eyebrow business was opened in November 2019.

Rodney’s Income and Financial Management

[65] Rodney’s only source of income is his ODSP payment of $1,400 per month. Rodney also has a Registered Disability Support Plan (“RDSP”) of $45,374.65. The last deposit into the RDSP was five months before the lottery win.

[66] Aundra and Valerie have always acted as Rodney’s ODSP Trustees. Rodney has never independently managed his ODSP income. Prior to this Application, Rodney’s ODSP went into a joint account owned by Rodney and Aundra. Later, when his ODSP arrived by cheque, Aundra deposited the cheque directly into her account. Only at the PGT’s insistence was an account opened in Rodney’s name for the purpose of depositing his ODSP income.

[67] As for Rodney’s TD Account, records show that after his ODSP cheque is deposited, almost the entire amount is then withdrawn in cash. The account also shows a payment of $450 to WalMart Mastercard (although Rodney does not own a credit card) and $4,500 in bank drafts for unknown persons.

[68] Rodney has not contacted his ODSP Worker since 2014. Neither Rodney nor anyone from his family reported the lottery winnings to ODSP.

[69] Had Rodney reported his lottery winnings to ODSP, he would have been considered over the asset limit of $40,000 as per s.5(1)(c) of the Ontario Disability Support Program Act, 1997 S.O. 1997, c.25. He would have been ineligible to receive ODSP until his assets dropped back below the $40,000 limit.

[70] Valerie and Aundra have provided sworn evidence that they “subsidize” Rodney’s expenses up to $500 per month as his ODSP income does not cover all of his expenses. They provide him with cash for small daily expenses such as cigarettes, Tim Hortons, lottery tickets and haircuts. However, in March 2023 Rodney’s Developmental Services Ontario Assessor reported that Rodney needs support with both small and large purchases and with budgeting his money. Aundra and Valerie agree that without support and guidance, Rodney will spend the money he is given, or give it to strangers and friends.

[71] Rodney also receives Passport funding from the provincial government. This funding is in the range of $5,500 per year and is intended for individuals with developmental disabilities to participate in the community. Aundra is noted as the person who manages Rodney’s Passport funding. Aundra and Valerie reported to the Passport staff that once Rodney’s Passport funding is used up for the year, they pay the remainder.

[72] Aundra advised that all of Rodney’s Passport Funding is used for “one consistent support worker.” That worker is Courtney Williams (Aundra’s boyfriend). Mr. Williams receives all of Rodney’s Passport funding.

[73] Aundra and Valerie provided a breakdown of Rodney’s contribution to household expenses. Rodney was paying 1/5 of the monthly household costs which was $1,679.20 per month which included condo fees, hydro, heating, gas, taxes and insurance. However, the receipts provided by Valerie and Aundra showed that Rodney was contributing to items such as women’s undergarments, wigs, toys, school supplies and puppy training pads.

[74] After the Sanfilippo order in September 2023, Aundra and Valerie agreed that Rodney’s contribution to household expenses would be limited to only 1/5 of utilities and grocery bills.

Rodney’s Position on the Motion

[75] Rodney wishes to maintain the status quo. He wants to continue living with his mother and sister and currently seems content with their care.

[76] Rodney opposes setting aside the February 9, 2023 Power of Attorney for Property in favour of his sister. Rodney has never confirmed to his counsel that the lottery winnings were a gift.

[77] Rodney’s counsel submits that the least restrictive option would be to require that Valerie and Aundra establish that the lottery winnings were gifted to them or require them to account for the proceeds in a proceeding in which the PGT acts as Rodney’s Litigation Guardian. Whether or not the lottery winnings were gifted by Rodney requires a complete record and cross-examinations such that credibility findings may be made by the Court.

[78] Rodney’s interests could be further protected by placing restrictions on the sale or encumbrance of the Home or any depletion of his RDSP.

[79] Rodney’s wishes must be considered by this Court, and it is Rodney’s wish that his mother and sister continue to manage his property. His position is that his mother and sister are able to respond to his day-to-day needs much more effectively than a government administration with a large caseload.

[80] Further, the declaration on January 29, 2024 that Rodney was incapable of managing his property did not have a retrospective effect.

The Respondents’ Position on the Motion

[81] Valerie provided an affidavit for this motion and Aundra made submissions to the Court.

[82] Valerie deposed that her son was doing much better as per Dr. Toledano’s letter of December 1, 2024. Valerie provided a list of items Rodney is able to do on his own or with the guidance of his family:

a. Rodney attends life skills programs and goes to the hospital on his own if he is unwell.
b. He is able to travel independently to health-related appointments (such as appointments with Dr. Toledano).
c. He is able to accomplish daily assigned tasks such as shopping and household chores.
d. He is able to communicate his needs to his family and to others.
e. Rodney takes his medication, vitamins and supplements with his family’s guidance.
f. Rodney is able to prepare some snacks for himself, and operate the microwave, toaster and coffee machine independently.
g. Rodney has his own bank account, and is able to do some banking.
h. Rodney regularly attends family gatherings and events.
i. His clearly expressed wishes should be given considerable weight by this Court.

[83] Valerie agreed that Rodney’s condition is chronic and “affects his thought processes, behaviour, perception of reality, and emotions.” At times the effects of his condition will vary, and sometimes his symptoms worsen leading to relapses and confusion. At other times Rodney thinks clearly and communicates effectively.

[84] Valerie warned the Court about placing any weight on the information provided by her daughter Lois. Lois is of questionable character having never been employed and having visited the Home on only three occasions. She is estranged from the family and has little to no insight as to Rodney’s day to day life and needs. Lois has been the victim of abuse by her various partners and some of her children have mental health and addiction problems. Lois’ accusations to ODSP and the PGT and police were simply false.

[85] After Lois made a complaint to police that Valerie and Aundra were abusing Rodney, the police removed Rodney from the home and took him to hospital. After a review by hospital personnel, Rodney was returned home. There was no follow up by police.

[86] Valerie alleged that the investigation by the PGT was both biased and incomplete. She described it as a “witchhunt.” The investigator did not explore the source of Lois’ outrageous statements nor attempt to verify them. The information obtained by the investigator during his interview with Rodney in January 2023 is not reliable. Rodney was highly medicated and did not understand the release of information form he was asked to sign. Further, the investigator never came to the Home or took any time to fully understand Rodney’s daily routine or circumstances.

[87] The PGT claims that Rodney is not capable of managing his property, but he was able to understand and sign the release form presented to him by the investigator. If Rodney was able to understand and sign that form, he could certainly understand the implications of gifting his lottery winnings to his mother.

[88] Valerie insisted that she and her daughter have always acted in Rodney’s best interests and that Rodney is able to manage his own property with appropriate support.

[89] Valerie claims that Rodney willingly gave her his lottery ticket. It was a gift of love without any coercion or duress and his decision to do so was made independently. While the OLG file notes said that Rodney stated he did not know what he would do with his lottery winnings, she asserts that he thought about it later and decided to gift the winnings to his mother.

[90] Valerie clarified that Aundra’s home was purchased in 2007 and was not purchased with lottery winnings. Aundra purchased the home with her own savings and help from friends.

[91] Valerie concedes that at one point Rodney's ODSP payments were suspended because of an anonymous complaint. However, ODSP conducted an investigation and reinstated the payments. All of Rodney’s ODSP payments are now direct deposited into his account. ODSP was not advised of Rodney’s lottery winnings because they were gifted to Valerie.

[92] Rodney's ODSP payments are managed appropriately and in accordance with the PGT’s requirements. As such, only 20% of his ODSP is used to pay for household expenses. Rodney is not required to contribute to condo fees or property taxes.

[93] As part of her affidavit material, Valerie provided an informal statement of assets and liabilities for herself, Aundra, Nigel and DeAundra. Valerie’s statement showed she has about $1,000 in assets and no liabilities. Aundra’s statement showed she has about $430,000 in assets (most of which was her 50% ownership in the home) and liabilities of $42,600. Nigel Beals has a similar amount of assets (the majority of which was his 50% ownership in the Home). His liabilities were over $70,000 most of which was a car loan. DeAundra’s statement showed she has about $600 in assets and debts of over $6000.

[94] Given this disclosure, it appears that whatever Aundra and Valerie bought with the lottery winnings has disappeared or (I infer) been transferred to a third party.

[95] Valerie denies that the lottery winnings were used to buy the Home. However, she helped Aundra pay off the mortgage in October 2021.

[96] Valerie deposed that DeAundra does not own a white Mercedes truck or a Rolls-Royce. She has no vehicles registered in her name.

[97] Valerie submitted that she and her family have always provided a loving and supportive home for Rodney. He has 24-hour support from the family and outside agencies. He gifted his lottery winnings to his mother as an acknowledgment of everything his mother, his sister and family have done for him. Rodney has lived in a loving and stable environment for 17 years. Permitting the PGT to manage his income will be administratively cumbersome and contrary to Rodney's wishes.

[98] Valerie supports the factum of Rodney’s counsel and wants to do a better job with Rodney’s property including safeguarding his RDSP and keeping all receipts. Aundra agrees to an arrangement whereby notice would be required to be given to the PGT in the event the Home is sold or transferred.

Analysis and the Law

Issue #1 – Valerie and Aundra Owed Rodney a Fiduciary Duty at the Time of the Lottery Win

[99] In determining whether a fiduciary duty is owed by Valerie and Aundra, the Court must consider the following issues:

1. Was Rodney mentally incapable of managing his property at the time of the lottery win?
2. Did Aundra and Valerie have reasonable grounds to believe that Rodney was incapable of managing his property at the time of the lottery win?
3. Did Aundra and Valerie owe Rodney a common law fiduciary duty?

[100] If there is evidence that Aundra and Valerie have breached their fiduciary duty to Rodney, this Court must then consider whether to appoint the PGT as his Guardian of Property, and whether to terminate the existing POAPs. In considering the possible appointment of the PGT as Guardian of Property, the Court must also determine if there is a less intrusive option for Rodney.

[101] Attorneys for Property owe the same fiduciary duties as Guardians of Property, whether the grantor is either incapable of managing property or the grantor has reasonable grounds to believe the grantor is incapable of managing property. The SDA at section 32(1) sets out as follows:

32 (1) A guardian of property is a fiduciary whose powers and duties shall be exercised and performed diligently, with honesty and integrity and in good faith, for the incapable person’s benefit.

[102] Pursuant to section 6 of the SDA, a person is incapable of managing their property when the following occurs:

Incapacity to manage property
6. A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.

[103] The test with respect to whether or not a fiduciary relationship is established is set out in Wedemire v. Wedemire, 2017 ONSC 6891, paras 52-54:

a. The evidence must show that the alleged fiduciary gave an undertaking of responsibility, express or implied, to act in accordance with the duty of loyalty imposed upon him. This undertaking may be found in the relationship between the parties, an imposition of responsibility by statute, or under an express agreement to act as trustee of the beneficiary's interests.
b. The duty must be owed to a defined person who must be vulnerable to the fiduciary in the sense the fiduciary has a discretionary power of them. Parent-child is one of those historically recognized relationships.
c. The alleged fiduciary’s relationship must affect the legal or substantial interest of the beneficiary. Property is the most obvious example of such an interest.

[104] I find that Rodney was incapable of managing his property on the day of the lottery win. As such, Aundra and Valerie were fiduciaries pursuant to their duties under the 2023 POAP.

[105] A history of Rodney’s diagnosed schizophrenia and intellectual disability has been set out in this decision, in the previous decisions of this Court in January and July 2024 and the material filed by the PGT since this matter began in 2023. Even Aundra and Valerie concede that Rodney’s condition is chronic and “affects his thought processes, behaviour, perception of reality, and emotions.” Symptoms of his chronic condition are demonstrated by his “wandering” away from home for days at a time, panhandling on the street, going to the emergency room at the hospital on multiple occasions, losing his valuables, giving money to strangers, and an inability to be employed or live on his own. While there is no doubt that the effects of his schizophrenia vary in intensity at times, it is clear that his intellectual disability has remained static since he was first diagnosed at age 9. Nothing in the medical evidence indicates that Rodney’s intellectual disability will improve.

[106] The fact that this Court made a finding that Rodney was incapable of managing his property in January 2024 does not mean that the incapacity began at that point.

[107] Aundra first applied for ODSP for Rodney in 2005. Since that point Rodney has never independently managed his ODSP income. A bank account was opened in Rodney’s name after this litigation started and at the insistence of the PGT. While Rodney has his own bank account, his ODSP is withdrawn mostly in cash as soon as it is direct deposited. Valerie and Aundra continue to manage Rodney’s funds and decide how much should be given to him and how much should be used for household expenses.

[108] Aundra and Valerie are Rodney’s trustees for his ODSP income. Section 12 of the Ontario Disability Support Act, 1997, S.O. 1997, c.25 provides as follows (my emphasis):

Appointment of person to act for recipient
12 (1) The Director may appoint a person to act for a recipient if there is no guardian of property or trustee for the recipient and the Director is satisfied that the recipient is using or is likely to use his or her income support in a way that is not for the benefit of a member of the benefit unit.

[109] In accepting the Trusteeship of Rodney’s ODSP funds, Aundra and Valerie have accepted that Rodney will not or cannot use his ODSP income for his own benefit and requires a Trustee.

[110] The OLG interview with Rodney in August 2019 is further evidence that Rodney does not have capacity to manage his property. The relevant parts of the forms he filled out had to be read to him. Rodney did not understand why he was at the interview because he asked more than once if he was in trouble. He was asked if Aundra worked and he said no (she does). When asked what he intended to do with the money he told the OLG interviewer that he did not know. OLG staff were concerned enough about Rodney’s capacity that they asked if he had a Power of Attorney. Aundra told the OLG staff that she and her mother were Rodney’s Attorneys for Property. In 2023 Rodney told the PGT investigator that he won $6,000, not $2M.

[111] Through his counsel, Rodney has asserted that he does not want his family to be in trouble, and he does not want his living arrangements to change. The PGT is now satisfied that Rodney should remain in the Home with his family. The PGT does not seek guardianship of Rodney’s Personal Care.

[112] However, even through counsel Rodney has never stated that the lottery winnings were a gift. It is only Aundra and Valerie who assert that Rodney intended to gift the money to his family. Valerie and Aundra’s evidence remains uncorroborated and therefore contrary to the requirements for such evidence pursuant to section 14 of the Evidence Act, RSO 1990, c E.23. Section 14 of the Evidence Act establishes that corroboration is required in order for an opposite or interested party to obtain a decision in their favour where the proceeding is brought against an incapable person:

14 An opposite or interested party in an action by or against one of the following persons shall not obtain a verdict, judgment or decision on the party’s own evidence, unless the evidence is corroborated by some other material evidence:

1. A person who has been found, i. incapable of managing property under the Substitute Decisions Act, 1992 or under the Mental Health Act, ii. incapable of personal care under the Substitute Decisions Act, 1992, or iii. incapable by a court in Canada or elsewhere.

[113] Even if Aundra and Valerie believed that Rodney wanted to gift them all or part of his lottery winnings, they remained fiduciaries pursuant to their roles as Attorneys for Property. As fiduciaries, I find that they had reasonable grounds to believe in August 2019 that Rodney was not capable of managing his property.

[114] Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, para 114, was a case dealing with a deportation order with respect to an individual who was alleged to have committed crimes against humanity. In determining the meaning of the relevant evidentiary standard in the Immigration Act, R.S.C. 1985, c. I‑2, the Court held at para. 114 that “the FCA has found, and we agree, that the “reasonable grounds to believe” standard requires something more than mere suspicion, but less than the standard applicable in civil matters of proof on the balance of probabilities…” There must therefore be reasonable grounds for the belief based on compelling and credible information.

[115] Valerie and Aundra had been caring for Rodney for 16 years by the date of the lottery win. They were keenly aware of his schizophrenia diagnosis and his developmental delay. Valerie and Aundra were involved in Rodney’s medical care and had attended interviews with Dr. Toledano, hospital personnel and social service personnel about Rodney mental health issues.

[116] Aundra had applied for and managed Rodney’s ODSP funds for many years. Until an account was opened for Rodney in his own name as a result of this litigation, it was Aundra and Valerie who distributed Rodney’s funds to him at their discretion. Even now, although Valerie deposed that Rodney does his own banking, this is not credible. Aundra and Valerie have admitted in other court documents that Rodney cannot manage his ODSP income on his own and would squander it or give it away if left to do so.

[117] Further, at the PGT’s insistence only 20% of Rodney’s ODSP income is used for household expenses. If this is the case, where is the rest of it going and why have there not been consistent contributions to his RDSP from the remaining funds?

[118] Aundra and Valerie gave Rodney limited spending money and often used it as an enticement to make sure he returned home at the end of the day. As such, I find that Valerie and Aundra had more than a “mere suspicion” about Rodney’s inability to manage his own property. They had stepped in and managed it for him because they knew he could not do so on his own. Further, they were aware that Rodney’s mental health issues would not improve.

[119] Astonishingly, Aundra and Valerie assert and continued to assert up to the date of this hearing that Rodney has the capacity to manage his property. They do so in the face of the overwhelming medical and behavioural evidence to which they have daily access and notwithstanding the finding of this Court in January 2024 that Rodney was incapable of managing his property.

[120] Valerie and Aundra undertook responsibility for Rodney by being his ODSP trustees, and managing all of his day to day financial and care needs and admitting to OLG that they were acting as his Attorneys for Property. I find that they therefore owed a fiduciary duty to Rodney to wisely manage his income and property including the lottery winnings.

Issue #2 – Aundra and Valerie Breached Their Fiduciary Duty to Rodney

[121] An Attorney for Property is type of guardian with respect to the definitions under the SDA. Section 32 of the SDA (as cited above) defines a Guardian of Property as a fiduciary “whose powers and duties shall be exercised and performed diligently, with honesty and integrity and in good faith, for the incapable person’s benefit."

[122] Section 38 of the SDA provides that the same principles apply to an Attorney acting under a continuing Power of Attorney if the grantor is incapable of managing property, or if the attorney has reasonable grounds to believe that the grantor is incapable of managing property.

[123] I have already found that Aundra and Valerie had reasonable grounds to believe that Rodney was incapable of managing his property both ongoingly and retrospectively including in 2019.

[124] The obligations of a fiduciary supersede the attorney’s own interests and the fiduciary must act for the exclusive benefit of the other (see Morden (Attorney of) v. Currie, [2008] O.J. No. 553 (S.C.), para 24).

[125] In Ontario (Public Guardian & Trustee) v. Harkins, 2011 CarswellOnt 7097 (S.C.), paras 31, 33-35, 43-44, the Court dealt with the appointment of the PGT as Guardian of Property and removal of an Attorney for Property. The Court found that the Attorney had breached his fiduciary obligation to the incapable person and made the following findings at paras. 31, 33, 34, 35, 43, 44:

31. It is no answer for Greg to say that he was only following Lila's wishes. First, as a fiduciary, it was his responsibility to see to Lila's best interests regardless of her wishes. Lila had material assets which, if husbanded properly, would have been sufficient to look after her in comfort for the entirety of her remaining years. Greg's obligation was to ensure that happened….

33 The second way in which Greg's conduct was deficient was in respect of the over $100,000 worth of "gifts" Greg accepted from Lila which constituted a direct and immediate conflict of interest on his part.

34 Even if Lila was competent to provide these gifts, it was a conflict of interest, and therefore a breach of fiduciary duty, for Greg to accept them. It was a breach of fiduciary duty because he placed his own interest ahead of Lila's. His acceptance of these gifts seriously and materially undermined Lila's long-term financial needs and interests.

35 Nor did I detect in Greg's affidavit evidence or in his counsel's submissions the least hint of regret or contrition over his past conduct. To the contrary, Greg's steadfast position is that he acted properly precisely because he only did "what Lila wanted.”…..

43 Finally, there is the very important consideration of Lila's wishes. These have been consistent throughout. She wants Greg to manage her property. The SDA deems Lila to be competent to retain and instruct counsel. Indeed there is, in any event, no evidence that she lacks capacity to do so.

44 However, there is ample evidence to support the finding that, in desiring Greg to continue to manage her finances, she lacks appreciation of what the consequences of Greg's past actions have caused (i.e., the complete dissipation of almost all of her accumulated wealth, to the tune of $823,000.) and what his reinstatement into that role would likely mean (the dissipation of her remaining assets).

[126] The Harkins case resonates here. Valerie accepted the lottery winnings as “gift” insisting when that was what Rodney wanted while at the same time being aware the Rodney could not manage his own property. By accepting the gift, Valerie and Aundra were in a conflict of interest and put their own interests ahead of those of Rodney. As fiduciaries, Aundra and Valerie were bound to act in Rodney’s best interests.

[127] Valerie and Aundra have failed to provide a proper accounting of what happened to the lottery winnings. The vague accounting reproduced in these reasons does not provide adequate supporting documentation. Most importantly there is nothing to indicate that Rodney benefitted in any significant way from the winnings. He received a game console and some games. Shockingly, there is no evidence that any of the lottery winnings were deposited into Rodney’s RDSP, or used for any long-term savings or investments for Rodney.

[128] Based on the further accounting of their assets and liabilities from Valerie, Aundra, DeAundra and Nigel, there is nothing left of the lottery winnings. A corollary benefit to Rodney is the payment by Valerie to Aundra to pay off the mortgage on the Home. However, Aundra and Nigel have adamantly resisted adding Rodney’s name to the title of the Home.

[129] Rodney’s lottery win was not reported to ODSP by Valerie or Aundra. Doing so would have had the effect of disentitling Rodney from ODSP payments as his assets would have exceeded the eligible limit of $40,000. By insisting that the winnings were a gift to them, Valerie and Aundra continued to benefit from Rodney’s contribution to household expenses through his ongoing ODSP payments and received the entirety of the winnings. I find that Aundra breached her duty as Rodney’s ODSP Trustee by failing to report the lottery winnings.

[130] The social media information obtained by the PGT’s investigations is disturbing to say the least. Those posts appear to show that DeAundra bought a Rolls Royce and a high-end Mercedes as well as house for her daughter following the lottery win. I do not doubt that DeAundra is a successful businesswoman, but it stretches credulity that she could have afforded such purchases without money from her mother.

[131] Given the very large amounts which Aundra transferred to herself within a few months of depositing the lottery winnings for which there is virtually no accounting, I infer that some of the “family and friends” to which money was gifted included DeAundra. What is more distressing is the fact that DeAundra now refutes any allegation of such purchases and says she does not own a vehicle.

[132] Other social media posts in the year following the lottery win boast of the purchase of high-end jewellery, gifts, clothing and travel, all of which are now angrily denied. Whether these purchases took place or not matters little at this point. If were made, they did not benefit Rodney. If they were not made, the credibility of those boasting of such purchases on social media remains in issue.

[133] The insistence that the August lottery winnings were a gift to Valerie and Aundra is, unfortunately, not the first instance of such a breach of fiduciary duty. In 2012, the OLG records show that Rodney won $100,000. Aundra did not even bother to check off on the OLG form that the winnings were a gift to her. She just wrote on the form that Rodney gave them to her. There is no evidence of what happened to those winnings. However, Rodney has been on ODSP since at least 2005 and this is another instance in which Aundra breached her duty as Rodney’s ODSP Trustee by failing to report the winnings.

[134] While the credibility of the reports from Lois have been put in issue, it bears mentioning that, according to Lois, Rodney received a settlement from a class action lawsuit dating back to the time when he was in a group home. Lois reported that Rodney received $250,000 of which only a portion was deposited into his RDSP. No evidence was presented of any damages settlement received by Rodney or what happened to those funds.

[135] Aundra reported that no deposits have been made into Rodney’s RDSP as the relevant government program has ended. The Canada Disability Savings Grant (“CDSG”) was only available to Rodney until age 49 as per the s.2(c) of the regulations under the Canada Disability Savings Act, SC 2007, c 35. Rodney turned 49 in 2018. He may have been eligible for the grant at the time of the 2012 lottery winning. In any event, even if the grant was no longer available to Rodney in 2019, it is clear than no contributions were made to his RDSP from the lottery winnings.

[136] There is mention in the medical reports that Rodney has bad teeth but could not afford to go to a regular dentist. He attended at the School of Dentistry at the University of Toronto for discounted treatment. None of the lottery winnings were used to pay for any dental treatment for Rodney. I note that over $12,000 was paid to Lois from the lottery winnings for a dental bill yet there is no mention of any intention to use the lottery funds to assist with Rodney’s dental issues.

[137] Dr. Toledano mentioned that Rodney’s seizures could be better controlled by certain drugs which Rodney could not afford. There is nothing in the evidence to show that any of the lottery winnings were used to buy drugs that would benefit Rodney’s condition and reduce his seizure tendencies.

[138] Dr. Toledano also mentions on several occasions that Rodney could benefit from community programs. There is no evidence that Rodney is enrolled in any community programs or that his lottery winnings were used to benefit Rodney with respect to exposure to such programs. As Courtney Williams controls Rodney’s Passport funding and Aundra will not deal with FOCUS personnel, it is not clear that Rodney is receiving the type of outside stimulation and motivation that would best benefit him.

[139] Finally, there is the issue of Rodney’s Passport Funding. Rodney receives approximately $5,500 a year in Passport funding. The intention of this funding is to pay for community services and supports and activities of daily living. Aundra has informed Service Ontario that Rodney has a designated service provider for his Passport funding and she requires no outside help for him. Records received from Service Ontario show that Rodney’s Passport funding has been paid solely to Courtney Williams who is Aundra’s spouse. Given Dr. Toledano’s comments that Rodney could benefit from community activities, it is difficult to accept that Aundra’s spouse is able to provide the type of support and activity that Dr. Toledano was recommending.

[140] Given all of the above, I find that not only have Valerie and Aundra breached their fiduciary duty to Rodney, their actions have resulted in Rodney being left with an insecure financial future in the event of further serious illness or physical disability. His financial future could have easily been secured with even a small portion of the lottery winnings as opposed to being gifted to distant relatives in Nova Scotia or used to buy luxury items.

Issue #3 – The PGT Must be Appointed as Rodney’s Guardian of Property and the POAs for Property Must be Terminated

[141] Section 22 of the SDA requires the Court to consider the least intrusive option when appointing a Guardian of Property, and an option that is the least restrictive in terms of the person’s decision-making rights.

[142] It is clear that neither Valerie, Aundra nor DeAundra are suitable options in this case. They all benefitted from the lottery winnings in a significant way. Further, Valerie and Aundra continue to insist that Rodney had capacity to gift the winnings to them and that he continues to have capacity to manage his property. Nigel Beals is also not a reasonable option as a Guardian of Property. He benefitted from the lottery winnings as Valerie admitted to using the winnings to fund equipment and vehicles for Nigel’s moving business. According to Rodney’s counsel, he wants the status quo to remain in place. The status quo with respect to the management of Rodney’s property is no longer in Rodney’s best interests. I find there is, therefore, no other person who is either willing or available to be appointed and the PGT must be appointed as the Guardian of last resort.

[143] Further, the 1997 and 2003 POAs for Property must be terminated for the following reasons:

a. There is a concern that Rodney did not have the requisite capacity to execute the Powers of Attorney.
b. There is evidence to support misconduct on the part of the Attorneys for Property and the alternate Attorneys for Property by benefitting from the lottery winnings to Rodney’s detriment, and failing to produce proper accounts.
c. Even after this litigation was commenced, none of the Attorneys took steps to recover any of the lottery winnings so they could be used for Rodney’s benefit.
d. It is not in Rodney’s best interests to continue with Attorneys for Property who have been found to have breached their fiduciary duty to him.

[144] As Rodney’s Guardian of Property, the PGT must be empowered to retrieve any property purchased with lottery winnings for Rodney’s benefit. Directions in that regard are given below.

Orders and Costs

[145] Given all of the above, I make the following findings and Orders:

a. Aundra, Valerie and DeAundra were fiduciaries at the time of the lottery win and have breached their fiduciary duty to Rodney.
b. Aundra, Valerie and DeAundra hold the lottery winnings on a resulting trust for Rodney and are liable to repay the amounts to the PGT on demand.
c. Valerie and Aundra are to provide a list of persons (including contact information) to whom fund transfers were made from the lottery winnings within 30 days.
d. The 1997 and the 2023 POAPs are hereby terminated.
e. The PGT is appointed Rodney’s Guardian of Property immediately.
f. Valerie and Aundra to cooperate with the PGT in all aspects with respect to the Guardianship.
g. To further protect Rodney’s interests, the Home is not to be encumbered or transferred without notice to the PGT. The preservation order may be registered on title to the Home.
h. The draft Guardianship Order requested by the PGT is attached.
i. Any further draft Orders resulting from this decision need not be approved by the Respondents.

Costs

[146] Mr. Swadron, on behalf of Rodney requests the balance of his costs in the amount of $14,441.69. It was important that Rodney had the benefit of counsel during these proceedings. The costs sought by his counsel are reasonable and shall be paid from Rodney’s assets when available.

[147] The PGT seeks costs of $8,983.50 plus disbursements of $895.53. The PGT seeks those costs from Aundra and Valerie personally. Aundra and Valerie oppose any such costs order. Their position is that this entire matter was started because of the false allegations made by Lois Beals and the “witchhunt” by the PGT that ensued. While Aundra and Valerie persisted with their position that Lois’ statements could not be relied upon, I note that Rodney’s concerns about returning home to Aundra’s home in the spring of 2023 were repeated to Mr. Tristan Gerrie, MSW by Rodney. Mr. Gerrie confirmed those statements in an email to the PGT investigator.

[148] This is indeed a sad case. Apparently, there is nothing left from the $2M in lottery winnings and Rodney received no tangible benefit from the winnings. Aundra and Valerie did not even deposit any of the winnings into Rodney’s RDSP or use any of it for dental treatment, drugs not available through the Ontario Drug Benefit or for community programs.

[149] While Rodney’s counsel made it clear that Rodney did not want to upset his family, his family has deprived him of all of the benefit of lottery winnings which I have found him incapable of gifting. Aundra and Valerie must finally take some responsibility in this matter and cease their irrational and meritless position that their brother gifted all of the lottery winnings to them. Rodney was not capable of gifting the lottery winnings to them and even if he had been, their fiduciary duty required them to ensure that Rodney benefitted from those winnings.

[150] The amounts sought by the PGT are entirely reasonable. Many attendances (including attendance on this motion) were not charged by the PGT. Rodney should not be required to pay the PGT’s costs. That would result in more unfairness to him and reduce his already nominal assets. The PGT’s costs must be paid by Aundra and Valerie personally and forthwith in the amount of $9,879.03. They are jointly responsible for those costs.

[151] Given the results of this motion, I direct the PGT to ensure that there are regular wellness checks done on Rodney at the Home. There is a concern that his family will not accept the impact of this decision. Rodney should not suffer for that.

C. Gilmore
Date: February 7, 2025