Yeon-Tae Kim

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.

The plaintiffs, including two parties under disability represented by the Public Guardian and Trustee, brought a motion for court approval of a $1,000,000 global settlement resolving tort and statutory accident benefit claims arising from five motor vehicle collisions.

The court reviewed the medical evidence, the risks of proceeding to trial, and the proposed allocation of funds, including legal fees.

Finding the settlement to be fair, reasonable, and in the best interests of the parties under disability, the court approved the settlement.

The applicant condominium corporation sought costs following an order requiring the respondent to vacate and sell her unit.

The applicant claimed over $117,000 on a partial indemnity scale or $125,000 on a full indemnity scale, including non-legal charges such as locksmith and security fees.

The court held that non-legal charges are not 'additional actual costs' under s. 134(5) of the Condominium Act.

The court also reduced the claimed legal hours, finding the time spent by a junior associate excessive and largely educational.

Costs were fixed at $58,000 inclusive of disbursements and HST.

Costs decision arising from an interim motion within an estates-related family dispute involving the care and financial management of an elderly person under disability.

The moving party sought relief against a sibling for alleged misconduct in managing the parent’s affairs and failing to comply with prior court orders.

After numerous appearances and unsuccessful settlement attempts, the court had earlier imposed an interim regime and transferred the matter to the Estates List.

In determining costs, the court found the moving party had acted reasonably in seeking judicial intervention and attempting settlement, while the responding sibling repeatedly consented to settlements and later repudiated them, causing unnecessary expense.

The court awarded partial costs to the moving party against the responding sibling and apportioned costs for the Public Guardian and Trustee between the principal litigants.