Bazan v Bazan et al, 2022 MBCA 44

Citation: Bazan v Bazan et al, 2022 MBCA 44 Date: 20220502 Docket: AI22-30-09722 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 Appellants 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 and ANDREW ) on her own behalf BRIAN JAMES BAZAN ) ) No appearance (Respondents) Appellants ) for the Respondents ) M. M. Bazan and - and - ) H.

Sankar ) 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 respondents, William Patrick Bazan and Andrew Brian James Bazan (the respondents), appeal an award of costs made October 27, 2021. [ 2 ] The application judge ordered that the Public Guardian and Trustee was entitled to legal fees in the sum of $28,894.75 from the estate of Patricia Ann Bazan.

He further ordered that the respondents, jointly and severally, were required to pay $21,000 to the estate as a partial indemnity for those legal fees as the respondents were wholly unsuccessful and the manner in which they conducted themselves unnecessarily prolonged the proceedings. [ 3 ] The respondents raise numerous grounds of appeal.

The core issue is whether the application judge erred in exercising his discretion to award the costs and to order the partial indemnity. [ 4 ] We agree with the Public Guardian and Trustee of Manitoba that the application judge did not err, and in our view, this appeal is without merit. [ 5 ] 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