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The Role of the Litigation Guardian
Ontario’s legal system contains many safeguards to protect the rights of children and mentally incapable persons who start a lawsuit.
In legal terms, a person under the age of 18, or an adult who lacks the mental capacity to make certain decisions, is a “party under disability”. Persons under disability must be represented by a Litigation Guardian before commencing an action for damages. A Litigation Guardian is someone over the age of 18 who has authority to instruct counsel throughout the litigation. …