Sentences with phrase «of a litigation guardian»

In such a situation, the plaintiff is considered to be under disability and requires the appointment of a litigation guardian to act on his or her behalf.

The role of the litigation guardian, of course, is to instruct counsel on behalf of the incapable plaintiff.

In order to properly answer this question, it is important to appreciate the role of a litigation guardian in the litigation process and the legal definition of incapacity.

Given the primacy of protecting the best interests of disabled persons, it is appropriate to require such disinterest on the part of a litigation guardian.

Johnson had also been involved in other litigation without the intervention of a litigation guardian.

Gervais v. Depatie (2018 ONSC 139) reached the age of majority — minor — subrule — name of the litigation guardian — continue Justice S. Corthorn

In essence the requirement of indifference on the part of a litigation guardian is a prerequisite for ensuring the protection of the best interests of the dependent adult.

By Andrew Feldstein This case set out a strict interpretation of the test for the appointment of a litigation guardian.

On a motion for Court approval of a proposed settlement the child's lawyer must file an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement.

(1) An affidavit of the litigation guardian setting out the material facts and reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement;

The Court may make orders for the payment of the costs and expenses of a litigation guardian (including the costs of an application for the appointment of the litigation guardian):