[CITATION](http://intra.judicialsecurity.jus.gov.on.ca/NeutralCitation/): Whitmore v. Belec, 2026 ONSC 2140

COURT FILE NO.: CV-21-0000066-0000

DATE: 20260410

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

MARIE LISE SYLVIE WHITMORE

Applicant

– and –

LUCIE ANNE MARIE BELEC and THE OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE

Respondents

Self-represented

Shanil Patel, for the Respondent, Lucie Anne Marie Belec

Katherine Ballweg, for the Respondent, The Office of the Public Guardian and Truste

HEARD: April 2, 2026

REASONS ON MOTION

MCCARTHY J.

Background

[1] The Respondent, The Office of the Public Guardian and Trustee (“PGT”) moves under the provisions of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“SDA”), to be appointed guardian of property and personal care for the Respondent, Lucie Belec (“Lucie”), who is represented by s. 3 counsel.

[2] The motion is opposed by the Applicant, Sylvie Whitmore (“Sylvie”), who is the sister of Lucie and who was appointed guardian of property and personal care on March 21, 2021, after the court declared Lucie incapable of managing property and incapable of managing her personal care.

[3] Lucie suffers from developmental delays, impaired communication, and physical limitations.

[4] Section 3 counsel for Lucie does not oppose the PGT’s motion.

Analysis

[5] I am persuaded that the sought after relief must be granted for the reasons which follow.

[6] Under the personal care of Sylvie, Lucie continues to languish in the Royal Victoria Hospital (“RVH”) mental health ward. This does not align with her needs and best interests. According to the independent evidence of Lauren Firth, there is little enrichment in the RVH environment, and the main focus is keeping Lucie safe from other patients in the unit. I find that Lucie would enjoy a much safer environment and a better quality of life in the residential setting of a group home.

[7] Sylvie has been unwilling or unsuccessful in maintaining Lucie in such a residential placement. In my view, she is therefore not fulfilling her obligation to Lucie to act in her best interests.

[8] Sylvie’s guardianship plan, upon which her appointment was granted in 2021, stated an intention to keep Lucie in the group home she had been in for 14 years, being Simcoe Community Services (“Empower Simcoe”). Sylvie described the arrangement at Empower Simcoe to be very positive for Lucie. The residence fostered independence but also featured programs allowing Lucie to enjoy active community membership. Indeed, Lucie’s stated intention, as conveyed by Sylvie in that application, was to remain at Empower Simcoe.

[9] Contrary to the guardianship plan and the expressed wish of Lucie, Sylvie moved Lucie out of Empower Simcoe within a year. There was then an initial unsuccessful attempt by Sylvie to provide her own private care, after which Lucie was left at her other sister’s house before being reported as “abandoned”.

[10] Sylvie has failed to seek a variation of her guardianship plan from the court. She has failed to present an amended guardianship or management plan to the PGT for approval.

[11] The affidavit of Nicole Hamilton establishes that a subsequent placement at Solicitude Group Home (“Solicitude”) was wholly unsuccessful. I accept that this was largely due to Sylvie’s behaviour featuring written and verbal aggression towards staff. During the placement, Sylvie’s failure to cooperate with staff and management greatly deprived Lucie of outings and activities. This is clearly not in the best interests of Lucie.

[12] Sylvie removed Lucie from Solicitude to her own home, where her attempt to provide appropriate care for her clearly failed. With no options left, Sylvie simply admitted Lucie to RVH on the mental health ward. This is an inappropriate setting for Lucie who requires no ongoing medical treatment.

[13] Sylvie’s conduct since this event has been both concerning and unsettling. It demonstrates a failure to act in her sister’s best interests. According to the independent evidence of Lauren Firth and Simon Ciardullo, Sylvie has been observed being physically aggressive towards Lucie on multiple occasions; Sylvie has deprived Lucie of her tablet; resisted recommended medication; violated hospital rules; and recorded conversations with hospital staff without their consent.

[14] Sylvie has refused urgent respite care placements made available while the search for a permanent placement for Lucie continues.

[15] Sylvie seems unwilling to commit Lucie’s ODSP income and passport funding to the subsidizing of placements. It is in Lucie’s best interests that any income or funding she receives be maximally used toward her care which should include placement in the best available group home.

[16] Sylvie has failed to pay for Lucie’s respite care stays at Well of Life and Solicitude. Incurring debts is not in Lucie’s best interests as it may compromise her ability to successfully apply for placements at the same or other group homes.

[17] Sylvie has not applied to pass Lucie’s accounts, although she was required to do so within 6 months of the 3-year anniversary of her appointment as guardian, which would have been in September 2024. Sylvie has not sought an extension or dispensation from the court and can offer no good reason for her failure to pass her accounts.

[18] Based on the foregoing, I have concluded that Sylvie is no longer a suitable guardian of property and personal care for Lucie. Sylvie is not acting in Lucie’s best interests; rather she is making decisions which deprives Lucie of an acceptable quality of life. From the outset, Sylvie disregarded Lucie’s expressed wishes to remain at Empower Simcoe. Sylvie’s management of Lucie’s finances is unsatisfactory. She has failed to pass her accounts; she has incurred unnecessary debt; and she is not using Lucie’s income to secure a placement in a group home. Sylvie’s conduct and behaviour is greatly hindering Lucie’s ability to seek and obtain placements and to enjoy programs, outings, and social relationships in a residential setting.

Disposition

[19] The PGT’s motion is therefore allowed. The order of March 21, 2021, is varied to remove Sylvie as guardian of property and personal care for Lucie and to appoint the PGT as guardian of property and personal care pursuant to ss. 26 and 61 of the SDA.

[20] There shall be an order to go in accordance with the proposed draft order of the PGT. That order may be issued and entered without the approval as to form and content of the Applicant or s. 3 counsel.

MCCARTHY J.

Released: April 10, 2026