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Court Procedures Rules
280Litigation guardian—appointment and removal by court
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280 Litigation guardian—appointment and removal by court
(1) A person may not replace someone else as litigation guardian of a
person with a legal disability except by an order of the court.
(2) If a party to a proceeding is or becomes a person with a legal disability
and the party does not have a litigation guardian, the court may, by
order, appoint a litigation guardian.
(3) If a party to a proceeding is or becomes a person with a legal disability
and the party has a litigation guardian, the court may, by order,
remove the party’s litigation guardian and appoint another litigation
(4) In a proceeding in relation to a person with a legal disability who is
not a party, the court may, by order, appoint a litigation guardian of
the person and include the person as a party to the proceeding.
Rule 281
(5) If the court removes a party’s litigation guardian, it may also, by
order, stay the proceeding until the appointment of a new litigation
(6) An application for an order under this rule must be served on the
person with a legal disability and, if the application proposes removal
of a litigation guardian, on the litigation guardian.
(7) In a proceeding on an application for the appointment of a litigation
guardian, evidence in support of the application must include
evidence—
(a) that the party for whom a litigation guardian is to be appointed
is a person with a legal disability; and
(b) that the proposed litigation guardian agrees to being appointed
and does not have an interest in the proceeding adverse to the
interests of the person with a legal disability.
(8) The court may make an order under this rule on application by a party
to the proceeding or anyone else or on its own initiative.
(9) If an application for an order under this rule is made during the
proceeding or after judgment is given in the proceeding, the
application must be made in accordance with part 6.2 (Applications
in proceedings).
(10) For the Supreme Court, if an application for an order under this rule
is made before the proceeding starts, the application must be made by