What is the legal test for retaining counsel for a child?
Ontario, Canada
The following excerpt is from Catholic Children’s Aid Society of Metropolitan Toronto v. C.M., 1991 CanLII 6940 (ON CJ):
[32] The second difficulty is that, notwithstanding that the child may have legal representation under subsection 38(1) and that it might be provided for the child under subsection 38(3), the child is still a minor. In the traditional sense, i.e., Reid v. Reid, above, “counsel for children” are retained by and instructed by the guardian ad litem (now the litigation guardian) appointed by the court to represent the child.
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