WestlawNext Canada insight Blog

Digest of the Week — Is Appointment of Litigation Guardian Necessary

M. (C.M.) v. C. (D.G.) |  (WestlawNext Canada)
2014 CarswellOnt 4859 |  
Ontario Superior Court of Justice (Divisional Court)

Civil practice and procedure | Actions involving parties under disability | Infants | Guardian ad litem, next friend or litigation guardian | Appointment | General principles

Litigation guardian — Child was born after mother unexpectedly became pregnant after short relationship with father — Mother and father executed agreement that provided for one-time lump sum of $37,500 by father to mother and father was to have no contact with child — Child, now aged 15, sought child support from father so she could attend private school — Motion judge concluded that R. 7 of Rules of Civil Procedure applied in circumstances and required child to be represented by litigation guardian — Motion judge dismissed child's request for interim child support, interim disbursements, restrained child from contacting father's family and declined to strike out portions of father's answer and affidavits — Child applied for leave to appeal — Leave to appeal granted in part — This was novel case because minor child who had not withdrawn from parental control was seeking support without any involvement of mother — There was serious debate about correctness of motion judge's decision that litigation guardian must be appointed — Litigation guardian had not been appointed in cases where minors had withdrawn from parental control so it was questionable whether litigation guardian must be appointed where minor was claiming support from parent without any involvement from custodial parent — Implications of issue went beyond this case — Question that proposed appeal raised involved matters of such importance that leave to appeal should be granted.
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