This document is a submission by Rosemary De Caires for a judicial review in 2009. It summarizes her arguments that the Public Guardian and Trustee (PGT) overstepped its authority in the York matter. Specifically, the PGT had no right to access information through the Ontario Disability Support Program and acted arbitrarily and against privacy laws. The document also outlines the various court dates and motions over the past year related to the York case. Rosemary believes that finally wrapping up the case would be a major breakthrough for all parties involved.

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AUG 21 2009
ASSOCIATIONS CANADA
JUDICIAL REVIEW 2009
Submission by Rosemary N DeCaires
HILIGHTS
* The PGT has no business in the affairs of the YORK matter
* The PGT does not have consent to verify information through ODSP
* The PGT is arbitrary and against the law contrary to the FIPPA Act.
After a two week waiting period in between appearance motions and standing motions, between July 02, 10,
17, 2009, the York Respondent was not pleased to be asked to go to Triage Court on July 02, 2009 nor July
10, 2009 insisting that the July 17, 2009 date was at best in their mind. The wasted time lines in between
April 02, 2009 and June 22, 2009 created a frustration not about the imitation of a canvassing York
Respondent, rather it was a collective thumbs down for the products on offer by all the parties privy.
Rosemary DeCaires appeared in court on July 17 reporting that she was not prepared to proceed in a
melancholic mode.
McCarthy Tetrault LLP obtained the July 17, 2009 motion date in Triage Court when she appeared before
the Honourable Justice Campbell on June 22, 2009. The June 10 2009 was the date set for an appearance
motion before the Honourable Justice Chapnick whom all sides appeared before at Osgoode Hall on June
27 2009. Rosemary DeCaires offered insight on what went wright and noted a list of appearance motions
missed by the York Respondent over this past year. She examined the research findings and the challenges
represented by the expectations of the York Respondent presented to the Judge's Administration at Toronto
on June 22 2009. Although in actuality there is presently no date set for the final hearing of the York matter
on July 17, 2009.
In the near future, “Rosemary” is effectively an incumbent returning to her post within the Ontario
Government in the upcoming weeks; no longer is she able to point back wards or across the aisle to find
reasons for failing to perform. A strengthened York Respondent and increasingly skeptical Office Of Public
Guardian and Trustee was reportedly involved in a conspiracy to injure the Plaintiff by referral made unto
family whom followed through with independent counsel seeking to evict on a notice involving trespass to
property.
For the first time in more than a year we are beginning to see the view that the Judge's Administration could
at best discharge her court-appointed litigation guardian as a result of an abuse of process. It was no
surprise to see this office engage the York Respondent in a complex process but to no avail but for
improper responses by the York Respondent about the Plaintiff moving party to this matter. The new
significant information received is that “Rosemary” has now effectively located resources through a 1st
inheritance she has now received in order to retain counsel despite an economic crisis as a result of
accruing interest on portions of her Canada-Ontario student loans.
Even among the supporters for the York Respondent, there is a widespread sense that the time was coming
when we should wrap things up. It was felt we were waiting long enough, and that since we conducted an
honorable case, it is time to make a major break through. I believe that the York Respondent would not
disagree that this application for judicial review would not mean a major break through. Thank you for this
indulgence.
ROSEMARY DE CAIRES
PROFESSIONAL CORPORATION
21/08/2009 00:00 EST