Yasmine Nour Atif

The court dismissed a motion under section 137.1 of the Courts of Justice Act (Ontario) by three siblings (Normand Quesnel, Rachelle Paquette, and Marc Quesnel) to dismiss a defamation action brought by their brother, Gilles Quesnel.

The moving parties argued the action was a SLAPP (strategic lawsuit against public participation).

The court found that while some of the impugned statements related to matters of public interest (communications to authorities and professionals), others (communications to friends and family) did not.

The court held that the action had substantial merit, that the moving parties had no valid defence, and that the public interest in allowing the action to proceed outweighed the public interest in protecting the impugned expressions.

The court considered whether a condominium unit owned by the late Qasem Mahmud was held in trust for the Arabic and Islamic Education Foundation.

The applicant, as estate trustee, sought a declaration that neither an express trust nor a purchase money resulting trust existed in favour of the Foundation.

The court found that the requirements for an express trust were not met, as Mr. Mahmud did not own the property when the declaration of trust was signed and the necessary formalities were lacking.

The court also found that the Foundation did not contribute to the purchase price at the time of acquisition, so no purchase money resulting trust arose.

The application was allowed, and the Foundation was found to have no beneficial interest in the property.

The applicants challenged the capacity of Anastasia Helen Troy ("Ann") when she signed her 2022 will and powers of attorney (POAs), alleging incapacity and undue influence.

They sought a declaration that Ann is currently incapable, appointment as guardians, and an accounting.

The respondents moved to dismiss the application.

The court dismissed the challenge to the will, stating it cannot be challenged while the testator is alive.

However, the court found sufficient "suspicious circumstances" to allow the challenge to the 2022 POAs to proceed, noting concerns about Ann's cognitive decline and the respondents' conduct.

The court denied the request for an accounting at this stage due to no direct evidence of mismanagement but granted directions for medical record disclosure and ordered parties to conduct themselves respectfully around Ann.

The applicants sought to declare Capucine Loyer incapable and be appointed as her joint guardians for property and personal care.

They also sought prospective appointment of substitute guardians (Stéphane Loyer and Martine Lepage).

The Public Guardian and Trustee (PGT) objected to the prospective appointment as a matter of law.

The court found Capucine Loyer incapable and appointed the applicants as joint guardians.

However, the court dismissed the request for prospective appointment of substitute guardians, holding that the Substitute Decisions Act, 1992, does not permit such appointments, emphasizing the need for ongoing judicial oversight and protection of the incapable person's rights under the Act and the Convention on the Rights of Persons with Disabilities.