Chapter 5: Identification of Parties, Joinder of Claims and Parties Flashcards

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1
Q

Is a minor considered to be under a disability? What Rule did you use to find the answer?

A

YES
Rule 1.03

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2
Q

If a proceeding is to be commenced by a person under a disability who must assist them?

A

Litigation Guardian

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3
Q

Does a plaintiff need a litigation guardian to be appointed by the court? Cite the Rule.

A

No
Rule 7.02(1)

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4
Q

What document does a litigation guardian have to file with the court?

A

An affidavit

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5
Q

For a defendant, if no one volunteers to represent the minor who would step in and represent the minor?

A

The court may appoint either the Public Guardian or the Children’s Lawyer.
(Rule 7.04(1))

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6
Q

If the litigation guardian accepts a settlement on behalf of the minor is that all that is required?

A

No, The litigation guardian does not have the power to settle a proceeding on behalf of the disabled party.
-An un approved settlement is not binding
-disabled party has 6 years after the disability ends to sue again.
THERE SEEMS TO BE MORE TO THIS, TALK THIS ONE OUT WITH PEERS

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7
Q
  1. Susan Elizabeth Smith, a minor, is suing ABC Ltd. in the Ontario Superior Court of Justice for injuries she sustained in a car accident. Her litigation guardian is her mother Sarah Patricia Smith. In the space provided below draft the General Heading for this action.
A

Draft this on paper and compare with heading on pg.20 & pg.106 in your textbook.

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8
Q

Litigation Guardian

A

competent adult who directs and takes responsibility for the litigation of a disabled party such as a minor, an absentee or a mentally disabled person

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9
Q

To join a party means to add a party to an existing proceeding.
T or F

A

T

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10
Q

A plaintiff can only sue in one capacity.
T or F

A

F

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11
Q

So long as defendants are united against a plaintiff’s claim and there is no conflict of interest, defendants joined together in a proceeding can be represented by the same lawyer.
T or F

A

T

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12
Q

Individuals who are not of “full age and capacity” are barred from initiating and defending lawsuits on their own.
T or F

A

T

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13
Q

Litigation guardians cannot be removed once they are appointed.
T or F

A

F

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14
Q

The affiant of an affidavit is the person who swears the affidavit
T or F

A

T

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15
Q

Which form would you serve on alleged partners in order to enforce judgment against the individual partner’s assets.?
- 7A
- 8A
- 8B
- 7B

A

8A

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16
Q

Suppose you did a name search of Rattle Motors and discovered that Rattle Motors is a trade name. The business is owned by 1234 Ontario Limited. Another law clerk tells you to sue using the trade name. Is he correct?

A

NO

17
Q

Suppose Abigail is 6 years old instead of 26 years old and wants to sue. Can she?

A

YES