Bazan v Bazan et al, 2022 MBCA 42

Citation: Bazan v Bazan et al, 2022 MBCA 42 Date: 20220502 Docket: AI21-30-09641 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Diana M. Cameron Mr. Justice William J. Burnett Madam Justice Lori T. Spivak BETWEEN : patricia ann bazan, by the Committee of ) Her Property and Personal Care, THE ) L. Bazan PUBLIC GUARDIAN AND TRUSTEE OF ) on behalf of the Appellants MANITOBA ) ) J. Taylor (Applicant) Respondent ) for the Respondent ) The Public Guardian and - and - ) Trustee of Manitoba ) WILLIAM PATRICK BAZAN and ANDREW ) N. M.

Czyzowicz BRIAN JAMES BAZAN ) on her own behalf ) (Respondents) Appellants ) No appearance ) for the Respondents - and - ) M. M. Bazan and ) H. Sankar NANCY MARIE CZYZOWICZ, MONICA ) MARIE BAZAN and HAROLD SANKAR ) Decision pronounced: ) May 2, 2022 (Respondents) ) On appeal from 2021 MBQB 117 burnett JA (for the Court) : [ 1 ] The respondents, William Patrick Bazan and Andrew Brian James Bazan (the respondents), appeal an order of the application judge made May 26, 2021. [ 2 ] The respondents raise numerous grounds of appeal.

Among other things, they argue that the application judge erred in dismissing certain preliminary motions; that he failed to ensure that the notice requirements in

section 67 of The Mental Health Act , CCSM c M110 were followed; that he should have stayed certain proceedings but he should not have stayed others; that he erred by waiving Patricia Ann Bazan’s right to solicitor-client and doctor-patient privileges; that he misapprehended the evidence, in particular the evidence of Dr. Glazner; and that he showed a reasonable apprehension of bias against them. [ 3 ] Having carefully considered the oral and written submissions, we are not persuaded that the application judge erred.

In our view, there is no merit to this appeal. [ 4 ] The appeal is therefore dismissed, with costs in the sum of $1,000, payable by the respondents to the Public Guardian and Trustee of Manitoba within 60 days.

JA JA JA