This created a conflict of interest with respect to the mother continuing to
act in her
capacity as litigation guardian, so she applied to have the Public Guardian and
Trustee take over the lawsuit.
He is also a panel deputy
in the Court of Protection and
acts as a litigation friend for individuals with impaired mental
capacity,
in addition to being a
trustee of a number of charitable trusts.
(2) With respect to all functions performed by the Public Guardian and
Trustee in his or her
capacity as Accountant of the Superior Court of Justice, the Public Guardian and
Trustee Act and the regulations made under that
Act prevail over subsection (1) and the regulations made under it.
Keywords: Bankruptcy and Insolvency, Property of Bankrupt, Undisharged Bankrupts,
Trustees, Vesting of Property, Choses
in Action, Insurance Law, Subrogation, Mariner Foods Ltd. v. Leo - Progress Enterprises Inc., 2017 ONCA 7, Civil Procedure, Striking Pleadings,
Capacity to Sue, Orders, Nunc Pro Tunc, Amending Pleadings, Adding Parties, Limitation Periods, Appeals, Stare Decisis, Powers on Appeal, Bankruptcy and Insolvency
Act, R.S.C. 1985, c. B - 3, ss.