Tracey Rynard

The appellant initiated an application seeking various reliefs concerning his parents' guardianship and property, including removing an attorney and an accounting for alleged undue influence.

Prior to the hearing, the appellant abandoned key challenges, including those related to powers of attorney and capacity.

The application judge dismissed the remaining claims, finding no live issues or cognizable causes of action.

The appellant appealed, arguing errors in the dismissal and the costs order, and sought to introduce fresh evidence.

The Court of Appeal dismissed the appeal, affirming that the abandoned claims left no relevant issues for adjudication and upheld the discretionary costs order.

Following the dismissal of a guardianship application, the respondents sought costs.

The applicant had abandoned his claims on the eve of the hearing after failing to undermine a court-ordered capacity assessment of his mother.

The court found the applicant's procedural complaints insufficient to depart from the normal rule that costs follow the event.

The applicant was ordered to pay costs of $100,000 each to his sister and mother on a partial indemnity basis.

The applicant brought an application seeking to remove his sister and mother as attorneys for his parents and to be appointed as his father's guardian.

On the eve of the hearing, the applicant abandoned his challenges to his parents' capacity and powers of attorney, instead seeking declarations regarding financial impropriety and an accounting.

The court dismissed the application, finding that without a challenge to capacity or the powers of attorney, there were no cognizable causes of action remaining and the applicant had no legal basis to compel an accounting or seek abstract declarations.

The plaintiff sought reconsideration of a costs award after her counsel was not given an opportunity to make submissions on costs following the dismissal of her motion for disclosure.

The court confirmed its jurisdiction to reconsider an order before it is formally entered to avoid a miscarriage of justice, particularly where a procedural error by the court prevented a party from being heard on costs.

After reviewing written submissions, the court found no reason to vary the original partial indemnity costs award of $8,741.50 to the defendant, concluding the time and effort expended were not disproportionate.

No costs were awarded for the reconsideration endorsement.

The applicant and respondent, siblings, engaged in a dispute over their mother and sister's properties and the respondent's management as attorney for property.

Both incapable parties resided in long-term care.

The applicant sought an order for the respondent to pass her accounts and to reverse the severance of a joint tenancy, while the respondent sought to enforce a mediated settlement.

The court declined to enforce the settlement as it prejudiced the incapable parties, refused to order a passing of accounts to preserve limited funds, and ordered the sale of the properties to fund the incapable parties' ongoing care, applying the anti-ademption provisions of the Substitute Decisions Act to the proceeds.