CITATION : Kerley v. Gorrill et al, 2010 ONSC 2456 COURT FILE NO.: 10-48210 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Ms. Kathryn Michelle Kerley, Applicant AND John Michael Gorrill and The Public Guardian and Trustee, Respondents BEFORE: Justice L. D. Ratushny COUNSEL: Susan A. Mullins, for the Applicant Respondents not represented but replying by letter dated April 27, 2010, and filed.

ENDORSEMENT [ 1 ] The application under s. 77 of the Substitute Decisions Act , 1992, S.O. 1992, c.30 , (the “ SDA ”) is granted. [ 2 ] Orders are to go as requested in paragraph one of the Notice of Application. [ 3 ] With respect to the issue raised in the previous endorsement of Kershman J., that no party has any relationship to the City of Ottawa, I accept, follow and restate the decision of Brown J. in Re Barbara Robertson v.

Devin Robertson, et al., dated October 9, 2008, in this respect as set out below. [ 4 ] Rule 13.1.01 of the Rules of Civil Procedure states: 13.1.01(1) If a statute or rule requires a proceeding to be commenced, brought, tried or heard in a particular county, the proceedings shall be commenced at a court office in that county and the county shall be named in the originating process.

(2) If subrule (1) does not apply, the proceeding may be commenced at any court office in any county named in the originating process. [ 5 ] There is no statute or rule, including under the SDA , specifying the place of commencement for an application under the SDA . As a result, even though no party to this application resides in the City of Ottawa, because an application under the SDA can be commenced in any court office in any county named in the originating process, it is pursuant to Rule 13.1.01(2) that this application is able to be brought before this Court at Ottawa. Justice Ratushny Date: April 27, 2010 CITATION : Kerley v. Gorrill et al, 2010 ONSC 2456

COURT FILE NO.: 10-48210 ONTARIO SUPERIOR COURT OF JUSTICE RE: Ms. Kathryn Michelle Kerley, Applicant AND John Michael Gorrill and The Public Guardian and Trustee, Respondents BEFORE: Justice L. D. Ratushny COUNSEL: Susan A. Mullins, for the Applicant Respondents not represented but replying by letter dated April 27, 2010, and filed ENDORSEMENT Ratushny J. Released: April 27, 2010