Litigation Guardian

Who Can Be a Litigation Guardian?

A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to be appointed his mother’s litigation guardian.  Shady alleged that his brother, Mohammed, used a false power of attorney document to….

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Guardianship, Powers Of Attorney and Guardianship Disputes

Incapable People and Limitation Periods

When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was injured in a car accident, suffering a catastrophic brain injury. The driver of the other car sued Kenneth in 2011….

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Capacity Law, Power of Attorney
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