DC (RE), 2015 ABQB 369


2.11: Litigation representative required
12.6: Exception to rule 2.11(a)

Case Summary

The Public Guardian brought an Application under the Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2 to vary a guardianship Order for a represented adult.

Justice Gates considered whether the represented adult required a Litigation Representative as part of the legal proceedings, relating to a guardianship Order pursuant to Rule 2.11. Justice Gates held that Rule 2.11 is qualified by 12.6. Gates J. observed that a person requiring a Litigation Representative is not considered to be participating in a dispute merely because they are the subject of a dispute or served with notice of a dispute. Justice Gates held that a represented adult did not require a Litigation Representative to make submissions with respect to their guardianship Order, as their role was limited to expressing their interest and wishes in the proceedings. Gates J. granted the Public Guardian sole guardianship for one year, and directed that the represented adult’s parents should be consulted at the end of the period to ascertain if they would be willing to assume guardianship.

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