Bazan v Bazan et al, 2022 MBCA 43
Opinion
Citation: Bazan v Bazan et al, 2022 MBCA 43 Date: 20220502 Docket: AI21-30-09671 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 ) L. Bazan Her Property and Personal Care, THE ) on behalf of the Appellant PUBLIC GUARDIAN AND TRUSTEE OF ) MANITOBA ) J. Taylor ) for the Respondent (Applicant) Respondent ) The Public Guardian and ) Trustee of Manitoba - and - ) ) N. M.
Czyzowicz WILLIAM PATRICK BAZAN ) on her own behalf ) (Respondent) Appellant ) No appearance ) for the Respondents - and - ) M. M. Bazan and ) H.
Sankar ANDREW BRIAN JAMES BAZAN, ) NANCY MARIE CZYZOWICZ, MONICA ) Appeal heard and MARIE BAZAN and HAROLD SANKAR ) Decision pronounced: ) May 2, 2022 (Respondents) ) burnett JA (for the Court) : [ 1 ] The respondent, William Patrick Bazan (the respondent), says that he is appealing various orders made at a case management conference held on September 9, 2021. [ 2 ] In a memorandum issued subsequent to the conference, the application judge noted that the respondent and another respondent had filed a notice of appeal in respect of an order made May 26, 2021 and that a stay of four related Court of Queen’s Bench files remained in effect pending the outcome of that appeal.
At the same case conference, the application judge was asked to recuse himself, but he declined to do so. [ 3 ] The respondent argues that the Public Guardian and Trustee of Manitoba failed to provide notice of the proceedings to the appropriate parties; that the application judge erred in law when he said that his earlier order included the revocation of any health care directives executed by Patricia Ann Bazan; that the application judge abused his discretion in ordering the four Court of Queen’s Bench files to be stayed; and finally, that the application judge abused his discretion when he ordered that any health care directives made by Patricia Ann Bazan were voided by the order made May 26, 2021. [ 4 ] There is no merit to this appeal. [ 5 ] The appeal is therefore dismissed, with costs in the sum of $1,000, payable by the respondent to the Public Guardian and Trustee of Manitoba within 60 days.
JA JA JA
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