Son ordered to pay over $127k to 88-year-old mother in Penticton

Alleged sibling conspiracy, assaults and tens of thousands charged to mother’s account, court heard

A Penticton senior will get upwards of $100,000 after a Supreme Court decision that heard her son misused his power of attorney privilege.

The Ontario Superior Court ordered more than $45,000 be returned to the 88-year-old woman from her son, along with the proceeds of a house sale.

“There has been a serious breakdown in the relationship among Irmgard’s children,” Ontario Superior Court Justice D.C. Shaw wrote in his Feb. 20 judgement, posted online last week.

Irmgard’s attorney of personal care and property had been her husband until his 2015 passing. Her son, Erwin, then took over the power of attorney for property.

But even before the question of Irmgard’s estate came into play, that breakdown in the relationship was brought forward by Erwin, who alleged his siblings were “engaged in a conspiracy against him,” and that he was assaulted and that his life was threatened. The court documents state the police had been called on numerous occasions.

In 2015, months after the patriarch’s passing, Erwin filed an unsuccessful application to gain a court order against his sister Barbara taking Irmgard to live permanently in Penticton.

In November 2015, Barbara and another sibling, Peter, requested Erwin pass Irmgard’s accounts — that is, gain court approval of the accounts. After failing to do this, he was ordered by a court to pass the accounts to his siblings in April 2016.

When Erwin did file the accounting, Shaw noted the spreadsheet and documents were “not in the form required on a passing of accounts,” and also listed 18 objections to the filing, including flights, a parking ticket, a per diem food expense and a rental car to Thunder Bay.

The judge also said he paid himself nearly $2,700 in “local commuting costs,” $100 for driving a woman to the airport “since nobody else offered to look after her,” and about $2,100 paid to himself for moving his property out of their parents’ house.

Over the span of 16 months, he also incurred about $45,000 in legal fees, which he paid for out of the mother’s estate, and “numerous, frequent and irregular transactions between various accounts (including that of Edward Burgstaler, who passed away on Jan. 5, 2015) that do not appear to have any purpose.”

He also reportedly gave no explanation for how he determined the assessed values of Irmgard’s assets.

On top of the 18 objections, Erwin spent $82,000 on a house he bought from an aunt, which in court he claimed to be an asset of Irmgard’s on a loan to himself.

“He testified that because the house would be his house, his siblings would be unable to put a ‘no trespass’ notice against it and interfere with his access to his mother,” the ruling reads.

But Shaw noted Erwin had only put the house in his own name, which he claimed was because Irmgard was not available to sign paperwork, and he had not created any loan documents.

After that, the bank put a freeze on the account, and despite a letter explaining his intention to pay her back for the house, the bank did not lift that freeze.

“There are no loan documents. There is no prescribed interest rate. There are no terms of repayment. There is no security for the loan,” Shaw wrote.

Erwin also claimed a compensation of over $8,000 for his attorney work on Irmgard’s estate.

In total, the judge found Erwin liable for about $50,000 in costs to his mother, but was also awarded $5,000 in compensation for his work as attorney of property.

Erwin was also ordered to sell the house he bought and pay back the $82,000 plus interest. He will also have to pay for his siblings’ legal costs.

Report a typo or send us your tips, photos and video.

Dustin Godfrey | Reporter

@dustinrgodfrey

Send Dustin an email.
Like the Western News on Facebook.
Follow us on Twitter.

Just Posted

Dog missing from Kelowna BC SPCA foster home

Copper escaped from a backyard in East Kelowna on May 19

Community survey coming to 1500 Lake Country residences

The last community survey was done in 2015

Police dog helps track down car thief in Kelowna

The alleged car theif was involved in an accident early Tuesday in the Glenmore area

WildsafeBC comes to the Okanagan to reduce wildlife conflict

Bear activity on the Westside has been an issue in the past few weeks

Car crashes into semi-truck in West Kelowna

Highway 97 heading northbound by Boucherie Rd. closed

More available child care spaces coming to the Okanagan

B.C. government invests $250,000 into building a child care facility in West Kelowna

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Pesticide use in Okanagan park prompts warning

Civilian goes out of his way to post caution signs

BC Wildfire Service to send 267 firefighters to Alberta

Sufficient personnel, resources remain in B.C. to respond to any fire activity

LETTER: Fletcher ‘blurs reality’ on B.C. union public construction

Bridge, highway projects awarded to companies, not unions

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

South Okanagan cannabis dispensary operator that was raided is going to trial

Store operator is facing one charge of possession for the purpose of trafficking

Federal government funds millions to help B.C. police spot drugged driving

Many police departments have expressed wariness about using the only government-approved roadside test

Most Read