File No. AI 22

File No.
AI 22-_____________
IN THE COURT OF APPEAL
BETWEEN:
MONICA BAZAN
(Applicant)
Respondent,
-and-
PATRICIA ANN BAZAN, by the committee of her Property and Personal

Care, the PUBLIC GUARDIAN and TRUSTEE OF MANITOBA
(Respondent)
Respondent,
-and-
William Patrick Bazan

(Respondent)
Appellant.
NOTICE OF APPEAL

c/o 593 Waverley Street
Winnipeg, Manitoba
R3M 3K7
Cell: 204-794-1376 Email: pbazan@shaw.ca
BETWEEN:
MONICA BAZAN
(Applicant)
Respondent,
-and-
PATRICIA ANN BAZAN, by the committee of her Property and Personal

Care, the PUBLIC GUARDIAN and TRUSTEE OF MANITOBA
(Respondent)
Respondent,
-and-

(Respondent)
Appellant.
NOTICE OF APPEAL
TAKE NOTICE that a motion will be made on behalf of the
Respondent William Patrick Bazan, before the Court of Appeal, as soon as the
motion can be heard, by way of appeal from the final order of the
Honourable Ms. Justice Keyser of the Court of Queen's Bench, Winnipeg Centre,
pronounced on the 21st day of January 2022 and filed on the 27th day of January
2022, whereby the Learned Application Judge:

2
1. Dismissed the Notice of Motion filed December15, 2021 by Margaret Anne
Bazan and Andrew Bazan seeking to intervene in this matter;
2. Dismissed the Notice of Motion filed November 30, 2021, by the Appellant,
seeking to stay this proceeding;
3. Ordered that the Registrar of the Land Titles District of Winnipeg shall
discharge caveat registration number 5301995/1 registered against title 3045846/1;
4. Ordered that the Appellant, shall, on or before January 28, 2022 deliver to the
applicant vacant possession of the lands and premises commonly known as 5820
PR 202, Gonor, Manitoba, R1C 0E2;
5. Ordered that a writ of possession issue for the property in favour of Monica
Bazan;
6. Ordered that the Appellant pay costs to the applicant in the amount of $4,951.00
inclusive of costs, disbursements and taxes.

3
On the appeal, this Court will be asked to set aside the said Order of the
Honourable Ms. Justice Keyser and direct, together with granting costs to the
Appellant, that the Applicant's application be re-heard in the Court of Queen's
Bench, and that such hearing be held in the normal course of proceedings (and not
on a short leave basis)- and all on the following grounds:
1. The Learned Application Judge erred in law;
2. The Learned Application Judge misapplied the law to the facts;
3. The Learned Application Judge made findings not supported by, and
inconsistent with, the evidence;
In Particular:
1. The Learned Application Judge erred in not making an Interim Order, other than
a Final Order, which would have achieved the same objectives but with allowing
the Appellant to properly respond to the application at a later date;

4
2. The Learned Application Judge erred when not giving the Appellant any
opportunity to cross examine on the affidavit materials and exhibits filed by the
Applicant;
3. The Learned Application Judge erred by considering and giving weight to
hearsay evidence that was contentious;
4. The Learned Application Judge erred in not staying the Applicant’s application.
5. The Learned Application Judge erred in signing a bill of costs submitted by the
Public Guardian and Trustee of Manitoba on this application, as the Public
Guardian and Trustee of Manitoba has already been awarded costs on this matter
by The Honourable Justice Bock on QB file no. CI20-01-28271;
6. The Learned Application Judge erred in discharging the caveat filed by the
Appellant and ordering that I leave the property without consideration that the
Applicant had provided direct and implied consent to the lease agreement;
5
7. The Learned Application Judge erred in considering that Patricia Bazan could
have filed a Deed of Trust, as she did in Arizona, as Manitoba has different laws as
Land Titles does not allow for a trust to be registered.
8. The Learned Application Judge did not give weight or failed to consider that no
land taxes had been paid on the two transfers of title;
9. Such other grounds as the Appellant may advise and this Honourable Court may
allow.
A transcript of the evidence with respect to the Order appealed from has been
ordered
Has a court order or legislation imposed a publication ban in relation to the trial or
other proceedings that is the subject of the appeal? NO
Has access to the court file been restricted by court order or legislation? NO
6
DATED this 25th day of February 2022.
___________________________
TO: Registrar of the Court of Appeal
AND TO: THE PUBLIC GUARDIAN AND TRUSTEE

C/O Jana Taylor
500-155 Carlton St. Winnipeg, Manitoba R3C 5R9
AND TO: DANA J. NELKO/KIRK VILKS

FILLMORE RILEY LLP
1700 - 360 Main Street Winnipeg, MB R3C 323
Solicitors for Monica Bazan
AND TO: MONICA BAZAN

at mbazan@shaw.ca
SCHEDULE C
FORM 1
(Rule 112)
Notice of Intent to Exercise Language Right
The attached document begins a proceeding in the Court of Appeal. Your rights
may be affected in the course of the proceeding. You have a right to use either the English or the French
language even where the attached document is in the other language, but in order to exercise your right
you are required within 21 days of service of this document on you to file with the registrar of the court
a notice of your intention to do so and to leave with the registrar an address for service. If you file such
a notice, you will be notified, in the language indicated in your notice, of further stages in the proceeding
by registered mail addressed to your address for service. If you do not file a notice of your intention to
exercise your right, the appeal will continue in the language of the attached document. The time limited
for your filing of a notice may be enlarged or abridged at any time by order of a judge made on
application in either English or French.
Registrar
Manitoba Court of Appeal
Room 205 Law Courts Building
408 York Avenue
Winnipeg, Manitoba
R3C 0P9

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File No.

IN THE COURT OF APPEAL

PATRICIA ANN BAZAN, by the committee of her Property and Personal

William Patrick Bazan

William Patrick Bazan

PATRICIA ANN BAZAN, by the committee of her Property and Personal

William Patrick Bazan

TAKE NOTICE that a motion will be made on behalf of the

2022, whereby the Learned Application Judge:

1. Dismissed the Notice of Motion filed December15, 2021 by Margaret Anne

Bazan and Andrew Bazan seeking to intervene in this matter;

seeking to stay this proceeding;

discharge caveat registration number 5301995/1 registered against title 3045846/1;

PR 202, Gonor, Manitoba, R1C 0E2;

inclusive of costs, disbursements and taxes.

Appellant, that the Applicant's application be re-heard in the Court of Queen's

on a short leave basis)- and all on the following grounds:

1. The Learned Application Judge erred in law;

2. The Learned Application Judge misapplied the law to the facts;

inconsistent with, the evidence;

the Appellant to properly respond to the application at a later date;

3. The Learned Application Judge erred by considering and giving weight to

hearsay evidence that was contentious;

Public Guardian and Trustee of Manitoba on this application, as the Public

by The Honourable Justice Bock on QB file no. CI20-01-28271;

Land Titles does not allow for a trust to be registered.

land taxes had been paid on the two transfers of title;

other proceedings that is the subject of the appeal? NO

DATED this 25th day of February 2022.

TO: Registrar of the Court of Appeal

AND TO: THE PUBLIC GUARDIAN AND TRUSTEE

AND TO: DANA J. NELKO/KIRK VILKS

AND TO: MONICA BAZAN

IN THE COURT OF APPEAL

Notice of Intent to Exercise Language Right

application in either English or French.

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