Under what circumstances will a litigation guardian be appointed under Rule 20‑2 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Walker v. Manufacturers Life Insurance Company, 2015 BCCA 143 (CanLII):
Mr. Justice Weatherill then referred to Finnegan v. Gronow and noted that Rule 20‑2 is a complete code respecting persons under disability. He continued: So two things come out of that: one, it’s -- the rule is a complete code as to what happens when persons are defined as persons with -- under disability, which means mentally incompetent. Now, if that’s the case, then a litigation guardian under the rule must be appointed.
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