The Litigation Guardian

by: , November 30, 2022

Rule 7 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides, in part, that unless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian. Generally, a party under disability is a minor (i.e. a…read more

Examinations and Experts Don’t Mix

by: , November 21, 2022

Today’s blog was written by Chris Cook, student-at-law at de VRIES LITIGATION LLP. Examinations for discovery are a key step in the civil litigation process. By allowing parties to ask questions of the opposing party and witnesses before trial, the parties are able to gain a better understanding of relevant facts and documents. After examinations…read more

What is a Guardian?

by: , November 14, 2022

Attorneys for property and attorneys for personal care are, for the most part, generally understood in our society. That may be because the attorney for property or attorney for personal care is the role that one can grant (the “grantor”) to another through the execution of powers of attorney. The discussion about powers of attorney…read more

What is the Role of Section 3 Counsel?

by: , November 11, 2022

If an individual whose capacity is in issue in proceedings under the Substitute Decisions Act (“SDA”) does not have counsel,  the court may direct the Public Guardian and Trustee (“PGT”) to arrange legal representation for that person. Pursuant to section 3 of the SDA,  the alleged incapable person is deemed to have capacity to retain…read more