Willmot v. Quinte West (City)
The Court dismissed the appeal because there was ample record support for Pedlar J.'s discretionary decisions approving the settlement and fees and for maintaining the litigation guardian; there was no admissible medical evidence to justify removing the litigation guardian and the fresh evidence on appeal would not...
Source-derived case information.
- Citation
- 2012 ONCA 825
- Parties
- Applicant/appellant: Julie Willmot; Respondent: Committee of Adjustment for the Corporation of the City of Quinte West; Respondent: Corporation of the City of Quinte West; Respondent: Corporation of the Lower Trent Region Conservation Authority; Respondent: Public Guardian and Trustee; Respondent: Iler Campbell LLP; Respondent: Marlene Crowe; Respondent: Steven Crowe; Respondent: Robert Allan Benton; Respondent: Lynn Marie McMahon; Respondent: Danielle Valentik; Respondent: Re/Max Quinte Limited; Respondent: Ian W. Brady; Respondent: Jennie Marlene Crowe
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 November 2012
- Procedural Posture
- Civil Appeal From Superior Court of Justice / Court of Appeal Judgment on Appeal From Pedlar J.'s Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Litigation Guardian, Settlement Approval, Rule 7.06(2), Admissibility of Medical Evidence, Fresh Evidence on Appeal, Approval of Solicitor's Fees, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julie Willmot
Applicant/appellant
Committee of Adjustment for the Corporation of the City of Quinte West
Respondent
Corporation of the City of Quinte West
Respondent
Corporation of the Lower Trent Region Conservation Authority
Respondent
Public Guardian and Trustee
Respondent
Iler Campbell LLP
Respondent
Marlene Crowe
Respondent
Steven Crowe
Respondent
Robert Allan Benton
Respondent
Lynn Marie McMahon
Respondent
Danielle Valentik
Respondent
Re/Max Quinte Limited
Respondent
Ian W. Brady
Respondent
Jennie Marlene Crowe
Respondent
Procedural Posture
Civil Appeal From Superior Court of Justice / Court of Appeal Judgment on Appeal From Pedlar J.'s Decision
Legal Issues
- 1 Whether the Court of Appeal should interfere with the trial judge's approval of a settlement and continuation of proceedings under a litigation guardian
- 2 Whether a motion under rule 7.06(2) to continue without the litigation guardian was properly refused
- 3 Whether the fresh evidence tendered on appeal warrants intervention
Ratio Decidendi
The Court dismissed the appeal because there was ample record support for Pedlar J.'s discretionary decisions approving the settlement and fees and for maintaining the litigation guardian; there was no admissible medical evidence to justify removing the litigation guardian and the fresh evidence on appeal would not alter that conclusion.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents fixed at $5000 all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Willmot v. Quinte West (City) Collection Decisions of the Court of Appeal Date 2012-11-28 Neutral citation 2012 ONCA 825 Docket numbers C55547, C55548 Judges Laskin, John Ivan; Blair, Robert Ashley; Tulloch, Michael H. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Willmot v. Quinte West (City), 2012 ONCA 825 DATE: 20121126 DOCKET: C55547 and C55548 Laskin, Blair and Tulloch JJ.A. BETWEEN Julie Willmot Applicant (Appellant) and Committee of Adjustment for the Corporation of the City of Quinte West, Corporation of the Lower Trent Region Conservation Authority Corporation of the City of Quinte West, Marlene Crowe and Steven Crowe Respondents (Respondents in Appeal) AND BETWEEN Julie Willmot Plaintiff (Appellant) and Robert Allan Benton, Lynn Marie McMahon, Danielle Valentik, Re/Max Quinte Limited, Ian W. Brady, Jennie Marlene Crowe, Corporation of the City of Quinte West, Corporation of the Lower Trent Region Conservation Authority, Marlene Crowe and Steven Crowe Defendants (Respondents to the Appeal) Julie Willmot, self represented Richard Coutinho, for the Public Guardian and Trustee Paula Boutis, for Iler Campbell LLP David DeMille and Suzanne Hunt, for the Corporation of Quinte West and agent for Steven & Marlene Crowe Danielle Marks, for Lower Trent Conservation Authority Heard: November 23, 2012 On appeal from the judgment of Justice Kenneth E. Pedlar of the Superior Court of Justice, dated May 2, 2012. APPEAL BOOK ENDORSEMENT [1] We see no basis for interfering with the finding of Pedlar J. – who had been case managing all of these proceedings and approving the settlement entered into by the Public Guardian and Trustee as litigation guardian of Ms. Willmot. There was ample basis on the record before him supporting his conclusions: see DeMichino v.Musialkiewicz, 2012 ONCA 458. [2] As one of many motions filed by Ms. Willmot before the motion judge on April 11, 2012, there was a motion by her under rule 7.06(2) for an order to continue the proceeding without the litigation guardian. It is unclear from the transcript of the proceedings, however, whether Ms. Willmot truly intended to pursue that motion but, in any event, we are satisfied that there was no admissible medical evidence that would have supported such an order at that time. Similarly, the fresh evidence tendered by Ms. Willmot on this appeal, even if admitted, does not change our view that there is no basis for interfering with the order of Pedlar J. [3] Nor do we see any basis for interfering with his order respecting the fees of Iler Campbell. It was open to Pedlar J. on the record before him to approve them, as he did. [4] Accordingly, the appeal is dismissed. Costs to the respondents fixed in the amount for $5000 all inclusive.