The plaintiffs brought a motion to appoint an independent litigation guardian for Anthony Di Silvestro Sr., who was deemed incapable of managing his property and instructing counsel.
The defendants, including Tony Sr.'s daughter Laura, opposed, arguing Laura should remain as LG based on a Power of Attorney and that the plaintiffs needed to show misconduct.
The court found that Laura and Matthew had conflicts of interest due to allegations of undue influence over their parents' business and estate plans.
The court dismissed Laura's claim that her prior self-appointment as LG shifted the burden to the plaintiffs to prove misconduct.
Applying the 'best interests test' and 'indifference' principle from Gronnerud, the court ruled that neither Laura, Matthew, nor a family-connected accountant (Mr. Mastroluisi) were suitable due to potential conflicts.
The court appointed Bryan Gelman, an independent insolvency trustee, as the litigation guardian for Tony Sr., subject to approval of terms.