Is there any case law that supports a motion to appoint a litigation guardian on an ex parte basis?

Amicus is essentially suggesting that the next phase of these proceedings should go forward on an ex parte basis. In support of this position, amicus cites the policy statement at ¶ 14 of Winter v. Sherman Estate, where van Rensburg J.A. wrote, “a motion to appoint a litigation guardian affects both the personal interests of the individual whose ability to make decisions in a proceeding are affected, and the administration of justice. On such a motion, it is important that those who are concerned about a person’s capacity to participate in the litigation and/or to instruct counsel are able to bring forward appropriate information for the court’s consideration”.