Uragi (Re)

Uragi (Re)

Because the petitioners acted in good faith and in the patient's best interests, their petition for committeeship was necessary and they are entitled to special costs payable from the patient's estate; the PGT was the appropriate appointee as committee of person and estate; Yoshimura's petition/response warranted only tariff (regular) costs from the estate for the petition and she must personally pay tariff costs for the Travel and Document application which was unnecessary and partly without merit; PGT's costs incidental to the petition are payable from the estate.

Citation
2016 BCSC 2252
Parties
Petitioners: Yoshiko Ito and Kimihisa Ito; Respondent: Fusako Yoshimura; Patient: Chita Uragi; Respondent / Proposed Committee: Public Guardian and Trustee of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 November 2016
Procedural Posture
Petition for Committeeship Under the Patients Property Act / Costs Determination (post Judgment Oral Reasons)
Outcome
Petition for committeeship dismissed in part (Itos not appointed committee of person or estate); Travel and Document application dismissed; Public Guardian and Trustee appointed committee of Ms. Uragi's person and estate; costs allocated as below.
Legal Topics
Committeeship, Patients Property Act S.27, Appointment of Committee, Powers of Attorney, Representation Agreements, Costs Awards (special Vs Tariff), Conflict of Interest, Travel/transfer of Vulnerable Adult
Source Language
English
Elder Law Mental Capacity Law Trusts and Estates Administrative Law Civil Costs Committeeship Patients Property Act S.27 Appointment of Committee +5 more

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Parties

Yoshiko Ito and Kimihisa Ito

Petitioners

Fusako Yoshimura

Respondent

Chita Uragi

Patient

Public Guardian and Trustee of British Columbia

Respondent / Proposed Committee

Procedural Posture

Petition for Committeeship Under the Patients Property Act / Costs Determination (post Judgment Oral Reasons)

Legal Issues

  1. 1 Whether the Public Guardian and Trustee (PGT) should be appointed committee of the patient's person and estate
  2. 2 Whether petitioners (Itos) acted in good faith and are entitled to special costs payable from the estate
  3. 3 Whether respondent (Yoshimura) is entitled to orders for travel and production of documents and whether she is entitled to costs from the estate

Ratio Decidendi

Because the petitioners acted in good faith and in the patient's best interests, their petition for committeeship was necessary and they are entitled to special costs payable from the patient's estate; the PGT was the appropriate appointee as committee of person and estate; Yoshimura's petition/response warranted only tariff (regular) costs from the estate for the petition and she must personally pay tariff costs for the Travel and Document application which was unnecessary and partly without merit; PGT's costs incidental to the petition are payable from the estate.

Court Disposition

Petition for committeeship dismissed in part (Itos not appointed committee of person or estate); Travel and Document application dismissed; Public Guardian and Trustee appointed committee of Ms. Uragi's person and estate; costs allocated as below.

Orders

  • Public Guardian and Trustee appointed committee of Ms. Uragi's person
  • Public Guardian and Trustee appointed committee of Ms. Uragi's estate