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

Question 1

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

Answer 1

YES
Rule 1.03

Question 2

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

Answer 2

Litigation Guardian

Question 3

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

Answer 3

No
Rule 7.02(1)

Question 4

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

Answer 4

An affidavit

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

7. 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.

Answer 7

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

Question 8

Litigation Guardian

Answer 8

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

Question 9

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

Answer 9

T

Question 10

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

Answer 10

F

Question 11

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

Answer 11

T

Question 12

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

Answer 12

T

Question 13

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

Answer 13

F

Question 14

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

Answer 14

T

Question 15

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

Answer 15

8A

Question 16

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?

Answer 16

NO

Question 17

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

Answer 17

YES