Navigation
Follow us to discover the latest in the legal world.

On May 6, 2020, reasons for judgment were released in Swereda (Re), a decision by Madam Justice Shergill.

The petition was originally brought seeking appointment of a committee for the person and estate of Ms. Swereda. It was opposed by the Public Guardian and Trustee (PGT).

Tragically, Ms. Swereda passed away before the petition could be heard by the court.

The issue before Madam Justice Shergill was whether the petitioner was entitled to her costs on the basis that she brought the petition for the benefit, and in the best interests, of Ms. Swereda.

The PGT was opposing the application, and seeking its own costs. It alleged that the petition was not brought in the best interests of Ms. Swereda, but rather out of a desire for control.

Ultimately, the application for costs was successful. The court accepted the petitioner’s arguments that the petition was brought in the best interests of Ms. Swereda, and concluded that the petitioner was “a vocal and forceful advocate who at all times was trying to act in the Patient’s best interests”.

Further, that although the petitioner might have “ruffled a few feathers” with care workers, she “expended her own resources and a considerable amount of time taking care of Ms. Swereda’s interests, all without any obvious personal benefit.”

More News & Resources

April 29, 2021

On May 1,2021 ICBC is enacting a new no-fault insurance model. This model is referred as an “enhanced care”, individuals involved in car accidents in British Columbia will no longer be able to sue for injuries.

April 22, 2021

Insurance brokers have a duty to give sound insurance advice. In a commercial insurance context, brokers are required to know the in/out of a clients’ business in order to source and secure the proper insurance coverage.

February 17, 2021

Many businesses have been forced to close, limit their hours, or reduce their capacity. Despite a vaccine, the economic impact will likely continue, particularly in the face of new strains of the virus.

February 16, 2021

On January 28, 2021, the Ontario Superior Court addressed “inadequacies in current legal responses to internet defamation and harassment” by creating a new tort of internet harassment and cyber bullying.