November 2, 2021 – Litigation Guardians & Costs

“This court can order that a litigation guardian for a person under disability pay the costs of an appeal.  See s. 131 of the Courts of Justice Act, R.S.O. 1990 c. C-43rule 57.06(2) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and Cameron (Public Guardian and Trustee of) v. Louden, [2002] O.J No. 2184 (Ont. S.C.J.).  In Cameron, Aitken J. thoroughly canvassed the applicable case law and competing policy concerns in ordering a statutory litigation guardian to pay the costs of an unsuccessful party under a disability.  The court has to ensure that the Public Guardian and Trustee is not unreasonably deterred from carrying out its duties by exposure to a costs order.  On the other hand, the court has to ensure that the Public Guardian and Trustee does not pursue frivolous litigation or otherwise act improperly at the expense of the opposing party.”

Hockey-Sweeney v. Sweeney, 2004 CanLII 34840 (ON CA) at 37