Shaela W. Rae

The applicant brought a motion to compel his 87-year-old mother to complete her cross-examination in the usual manner or to strike her affidavit.

The mother had become emotionally overwhelmed during the initial cross-examination, and medical evidence indicated that continuing in the usual manner posed a risk of harm.

The court had previously ordered an accommodated procedure, which the mother agreed to but the applicant refused.

The court dismissed the motion, finding the accommodated procedure was a reasonable alternative and the medical evidence justified the adaptation.

The applicant's request for an adjournment was also denied due to his failure to act with reasonable diligence.

The applicant and respondents, who are brothers, are involved in a dispute over the management of their mother's property and competing powers of attorney.

A fourth brother, who is not a party to the application, brought a motion for intervenor status and interim financial assistance, arguing he relied on his mother for financial support and housing.

The court dismissed the motion, finding the proposed intervenor had no legal interest in the subject matter of the application, would not be adversely affected by its outcome, and shared no common questions of law or fact.

Furthermore, adding him as a party two weeks before the scheduled hearing would cause undue delay and prejudice.

The request for interim financial assistance was also dismissed, with costs awarded against the proposed intervenor but deferred against his potential inheritance.