345Default of appearance of person under disability

345 Default of appearance of person under disability

(1)  If a defendant under disability has not appeared by litigation guardian, the plaintiff, before proceeding further in the action, is to apply to the Court or a judge for an order that a person be appointed as litigation guardian of the defendant.

(2)  On an application under subrule (1) , the Court or a judge may make an order appointing a litigation guardian if –

(a) the guardian is a person who may become a litigation guardian under Division 1 of Part 10 ; and

(b) the writ was duly served; and

(c) subject to any order to the contrary, after the expiration of the period limited by the writ for the filing of a notice of appearance, the application is served on the defendant in the same manner as the writ is required to be served.

(3)  A litigation guardian appointed by an order has the same period for filing and serving a notice of appearance after the service of the order on the litigation guardian as if the order were the writ.