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r 10.05

Appointment, &c., of litigation guardian by Court

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Part 10Person under disability

10.05 Appointment, &c., of litigation guardian by Court

(1)

If a party to a proceeding becomes a person under a disability after the proceeding is commenced, the Court must appoint a litigation guardian of that party.

(2)

Before appointing a litigation guardian under subrule (1), the

Court may review the conduct of the proceeding and make the orders it considers necessary to ensure that justice is done between the parties.

(3)

If a party who is a person under a disability does not file an appearance when required to do so by an order of the Court or these

Rules, the Court may order the appointment of a litigation guardian to defend the proceeding.

(4)

If the interests of a party who is a person under a disability require it, the Court may appoint or remove a litigation guardian or substitute another person as litigation guardian of the party.

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