A litigation guardian is an individual appointed to represent a party in court when that person cannot do so themselves—because they are a minor, lack the requisite mental capacity, or are otherwise unable to instruct counsel. Acting as a substitute decision-maker, the guardian’s role is to safeguard and advance the interests of the litigant throughout the proceedings. Although a lawyer typically appears on the guardian’s behalf, the guardian need not be a legal professional but it is often beneficial that they are.
Duties
Under Rule 7.05(2) of the Rules of Civil Procedure, a litigation guardian must “diligently attend to the interests of the person under disability and take all steps necessary for the protection of those interests.” In practical terms, this means that a guardian may commence or defend legal proceedings on behalf of a minor or mentally incapable person, always acting with due diligence and solely in the best interests of the individual represented—never for personal gain.
Conflict of Interest
Because the guardian’s duty is to represent the protected party without any conflicting loyalties, certain relatives—such as a parent—may be disqualified if a genuine conflict arises. For example, where a child is injured in a motor vehicle accident while in a parent’s car, the parent’s own interests could conflict with those of the child. In such circumstances, the court will appoint an independent guardian.
Removal
Pursuant to Rule 7.06, a litigation guardian may be replaced in any of the following circumstances:
- The minor attains the age of majority (18 years);
- The person under disability regains capacity (for instance, upon emerging from a coma); or
- The court finds that the guardian is failing to act in the protected person’s best interests (for example, where a conflict of interest is suspected).
In the event of removal, the court may appoint the Public Guardian and Trustee or, in the case of a child, a Children’s Lawyer.
Bobila Walker Law combines deep civil-litigation expertise with a commitment to protecting vulnerable individuals. Whether appointed as litigation guardian or retained as legal counsel to guide a guardian, our firm ensures that minors and persons lacking capacity benefit from skilled advocacy and steadfast representation.
Acting as Litigation Guardian
When the court appoints Daniel Walker of Bobila Walker Law as litigation guardian, we:
- Assume full responsibility for initiating or defending proceedings on behalf of the protected party.
- Diligently advance their interests in accordance with Rule 7.05(2) of the Rules of Civil Procedure, safeguarding rights at every juncture.
- Maintain strict impartiality, avoiding conflicts of interest so that all decisions serve only the best interests of the minor or person under disability.
Serving as Legal Counsel for a Litigation Guardian
In circumstances where parents, trustees, or other guardians lack legal expertise or face potential conflicts, Bobila Walker Law provides counsel to:
- Advise on procedural requirements for appointment, substitution, or removal of a litigation guardian under Rules 7.05 and 7.06.
- Guide strategically on pleadings, evidence gathering, and settlement negotiations.
- Ensure compliance with fiduciary duties and court-ordered reporting, including rigorous conflict checks and timely filings.
Why Choose Bobila Walker Law?
- Proven Track Record: Extensive experience in contested guardianship and estate litigation before the Ontario Superior Court of Justice.
- Client-Focused Service: Empathetic communication and unwavering dedication to the rights of those we represent.
- Courtroom Acumen: Skilled advocacy in securing orders that protect the best interests of minors and adults under disability.
Contact Us
For litigation-guardian services or expert counsel in guardianship matters, reach out to Bobila Walker Law LLP:
100 King Street West, Suite 5600, Toronto ON M5X 1C9
Phone: 416-847-1859 | Email: info@bobilawwalkerlaw.com
