COURT OF APPEAL FOR BRITISH COLUMBIA

Date: 20040116

Docket: CA030662

Court Appeal Action No. CA030662

SCBC Action No. S013723

Vancouver Registry

Court of Appeal

Between:

MONIQUE ROY FINK

Respondent (Plaintiff)

And:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA

Appellant (Defendant)

PUBLIC GUARDIAN AND TRUSTEE OF BRITISH COLUMBIA

                                                                        Respondent (Defendant)

ORAL JUDGMENT

BEFORE:

            The Honourable Chief Justice Finch

            The Honourable Madam Justice Prowse

            The Honourable Madam Justice Ryan

Vancouver, British Columbia, January 16, 2004

THE APPEAL from the judgment of Madam Justice Satanove, of the Supreme Court of British Columbia at Vancouver, British Columbia dated, February 17, 2003, coming on for hearing on January 16, 2004, AND ON HEARING Thomas MacLachlan, Q.C. and E.W. (Heidi) Hughes, Counsel for the Appellant; D. Brent Adair, Q.C., Counsel for the Respondent, Public Guardian and Trustee of British Columbia; and Kathleen H. Walker, Counsel for the Respondent, Monique Roy Fink; AND ON READING the materials filed herein;

THIS COURT ORDERS that

1. The February 17, 2003 Judgment of Madam Justice Satanove that the Defendant Her Majesty the Queen in right of the Province of British Columbia is liable for the Plaintiff’s loss and the Order to pay the Plaintiff the sum of $80,773.10 plus court order interest from July 1, 2000 to date of judgment are set aside;

2. The Appellant shall pay the costs of this appeal to the Respondent Monique Roy Fink at Scale 3; and

3. The October 3, 2003 Order of Madam Justice Satanove regarding costs is preserved.

4. No costs shall be payable to the Public Guardian and Trustee of the British Columbia in this Appeal.