The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding), and a motion to approve a settlement is required. The Rule also deals with the appointment of litigation guardians and paying funds into court.

On October 6, 2025, Ontario Regulation 173/25 (the “Regulation”) came into force and effect. There are several key changes that are worth noting.

First, Rule 7.01 is revised by the Regulation to include the general requirement for a litigation guardian when a party is under disability, as well as the duties of a litigation guardian (i.e. must be represented by and able to instruct a lawyer), and new requirements for the title of a proceedings involving a party under disability.

The Regulation also adds Rule 7.01.1. This new Rule states:

7.01.1 (1) Subject to subrule (2),

(a) a litigation guardian for a plaintiff or applicant under disability shall be,

(i) the person determined in accordance with rule 7.02, if the conditions set out in that rule are met, or

(ii) if the conditions set out in rule 7.02 are not met, the person appointed by the court in accordance with rule 7.03.1; and

(b) a litigation guardian for a defendant or respondent under disability shall be,

(i) the person determined in accordance with rule 7.03, if the conditions set out in that rule are met, or

(ii) if the conditions set out in rule 7.03 are not met, the person appointed by the court in accordance with rule 7.03.1. O. Reg. 173/25, s. 3.

Moreover, Rule 7.02 is now limited to cases where a person may act as litigation guardian without being appointed by court order. This typically occurs where a litigation guardian is named as such and is acting in that capacity from the outset of a proceeding, or where a document such as a power of attorney confers the authority upon the litigation guardian to act in certain cases. Rule 7.03 is similarly amended.

Notably, Rule 7.03.1 is a new rule that sets out the relevant procedure for obtaining a court order appointing a litigation guardian. The Rule sets out who may bring such a motion, as well as when the Court may order the PGT or Children’s Lawyer to act as litigation guardian.

Finally, Rule 7.09 clarifies the existing law relating to the payment of money owed to persons under disability, The Rule now references the relevant sections of the Children’s Law Reform Act respecting money payable to minors.

Several other Rules are impacted by the Regulation as well, so a complete review is worthwhile.

Lawyers should also be aware that the Regulation creates and/or revises 6 of the forms under Rule 7.