Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter of Rights and Freedoms – Property law – Wills – Civil procedure – Costs – Application for guardianship of deceased father – Whether the Courts below erred in failing to find that Applicant’s counsel did not receive adequate notice from the Trial Coordinator’s office in Hamilton of the hearing of the Summary Judgment motion prior to June 12, 2012 – Whether the Courts below erred in failing to find that the Applicant was denied her right to natural justice and her fundamental right to counsel as guaranteed by the Charter of Human Rights and Freedoms (sic) in allowing and condoning the motion for Summary Judgment, including an excessive and punitive award of costs, to proceed before Whitten, J. in the absence of Applicant’s legal counsel – Whether the Courts below erred in finding the Applicant’s counsel did not have a proper office system in place in the absence of any evidence to support such a finding – Whether the Courts below erred in awarding costs on Summary Judgment motion and the costs of the Court of Appeal’s appeal in circumstances where there was no adjudication on the merits of the Application for Guardianship, the Application having become moot in April, 2011 upon the death of the Applicant’s father, Benjamin Bullock.

The subject of the Applicant’s guardianship application, her father, died fourteen months before the guardianship application was made on June 12, 2012. The application was found to be moot by the application judge and the Respondent’s motion for summary judgment was allowed. The Applicant’s subsequent appeals were dismissed.