Who Wants to be/Is Entitled to Be/Has to be a Litigation Guardian?

Tuesday, December 4th, 2012

When a person under disability is a party to litigation, (s)he is required by Rule 7 of the Rules of Civil Procedure to be represented by a litigation guardian. If the person under disability has a guardian of property or an attorney pursuant to a power of attorney, that individual is ...

Removal of a litigation guardian for conflict of interest

Wednesday, November 28th, 2012

In Berkelhammer v. Berkelhammer Estate, 2012 ONSC 6242 a motion was brought to replace the litigation guardian (and co-attorney for property) with the Public Guardian and Trustee (PGT) due to concerns that the litigation guardian was a non-resident of Canada, had a conflict of interest, was a potential witness in ...