Acts and Regulations

2012-103 - General

Section 54
Disposition versions

Full text
Persons under a disability
54(1)An action by or against a person under a disability shall be commenced, continued or defended in the case of
(a) a minor, by a litigation guardian,
(b) a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by the committee,
(c) a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by the representative,
(d) a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by a litigation guardian, and
(e) a person declared to be an absentee under the Presumption of Death Act, by a committee or if there is no committee, by a litigation guardian.
54(2)A person who is not under a disability may act as a litigation guardian for a claimant or defendant who is under a disability and shall file with the clerk a consent to act as a litigation guardian (Form 21).
54(3)A consent shall indicate
(a) the nature of the disability,
(b) the relationship of the litigation guardian to the person under the disability,
(c) a statement that the litigation guardian has no interest in the proceeding adverse to that of the person under the disability, and
(d) if the litigation guardian is acting on behalf of a claimant, an acknowledgement that the litigation guardian is aware of his or her personal liability for costs awarded against him or her.
54(4)If it appears to the court that a claimant or defendant is a person under a disability and there is no committee or litigation guardian, the court may, on application or on its own motion, at any stage of a proceeding appoint a person as a litigation guardian who has no interest adverse to that of the claimant or defendant, as the case may be.
2022, c.60, s.84
Persons under a disability
54(1)An action by or against a person under a disability shall be commenced, continued or defended in the case of
(a) a minor, by a litigation guardian,
(b) a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by the committee,
(c) a person who has been declared either mentally incompetent or incapable of managing his or her own affairs, by the committee of his or her estate or if there is no committee, by a litigation guardian,
(d) a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by a litigation guardian, and
(e) a person declared to be an absentee under the Presumption of Death Act, by a committee or if there is no committee, by a litigation guardian.
54(2)A person who is not under a disability may act as a litigation guardian for a claimant or defendant who is under a disability and shall file with the clerk a consent to act as a litigation guardian (Form 21).
54(3)A consent shall indicate
(a) the nature of the disability,
(b) the relationship of the litigation guardian to the person under the disability,
(c) a statement that the litigation guardian has no interest in the proceeding adverse to that of the person under the disability, and
(d) if the litigation guardian is acting on behalf of a claimant, an acknowledgement that the litigation guardian is aware of his or her personal liability for costs awarded against him or her.
54(4)If it appears to the court that a claimant or defendant is a person under a disability and there is no committee or litigation guardian, the court may, on application or on its own motion, at any stage of a proceeding appoint a person as a litigation guardian who has no interest adverse to that of the claimant or defendant, as the case may be.
Persons under a disability
54(1)An action by or against a person under a disability shall be commenced, continued or defended in the case of
(a) a minor, by a litigation guardian,
(b) a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by the committee,
(c) a person who has been declared either mentally incompetent or incapable of managing his or her own affairs, by the committee of his or her estate or if there is no committee, by a litigation guardian,
(d) a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by a litigation guardian, and
(e) a person declared to be an absentee under the Presumption of Death Act, by a committee or if there is no committee, by a litigation guardian.
54(2)A person who is not under a disability may act as a litigation guardian for a claimant or defendant who is under a disability and shall file with the clerk a consent to act as a litigation guardian (Form 21).
54(3)A consent shall indicate
(a) the nature of the disability,
(b) the relationship of the litigation guardian to the person under the disability,
(c) a statement that the litigation guardian has no interest in the proceeding adverse to that of the person under the disability, and
(d) if the litigation guardian is acting on behalf of a claimant, an acknowledgement that the litigation guardian is aware of his or her personal liability for costs awarded against him or her.
54(4)If it appears to the court that a claimant or defendant is a person under a disability and there is no committee or litigation guardian, the court may, on application or on its own motion, at any stage of a proceeding appoint a person as a litigation guardian who has no interest adverse to that of the claimant or defendant, as the case may be.