Ontario Regulation 173/25, made under the Courts of Justice Act, introduces significant amendments to the Rules of Civil Procedure with respect to litigation guardians and proceedings involving parties under disability. The regulation clarifies and updates the roles, powers, and requirements of litigation guardians, improving the process for their appointment and ensuring greater procedural protections for those who cannot represent themselves in court.

The amendments expand subrule 4.05.1(2) to include references to revised procedures and replace outdated provisions in Rule 7 with a new framework. A litigation guardian is now expressly required to diligently protect the interests of a person under disability, to instruct counsel, and to be formally identified in all court documents. Specific wording for titling proceedings involving minors or adults under disability has been established, ensuring uniform identification of both the party and the litigation guardian across all filings.

A new section, Rule 7.01.1, sets out how litigation guardians are to be determined, distinguishing between plaintiffs, applicants, defendants, and respondents under disability. The regulation recognizes previously appointed committees, as well as the continuing authority of the Public Guardian and Trustee in certain cases predating 1995. Rules 7.02 and 7.03 are replaced, creating clearer procedures for when a litigation guardian may act without a court order. In such cases, specific categories of individuals, such as guardians, attorneys under powers of attorney, or committees, are authorized to act, provided they meet strict affidavit and filing requirements. Where no such person exists, other qualified individuals may assume the role, but only after filing affidavits confirming consent, legal representation, relationship to the party, and acknowledgment of personal cost liability.

Rule 7.03.1 introduces a formal process for the court to appoint litigation guardians when no authorized person is available. Parties, proposed guardians, or lawyers may bring a motion, following mandatory service and evidence requirements. The rule includes safeguards regarding solicitor-client privilege and prejudicial information. The court may appoint a willing and proper person, or if none exists, assign the Children’s Lawyer or the Public Guardian and Trustee.

The regulation also amends various forms, updating language and consolidating procedures. Forms 7A, 7B, and a new Form 7C are added to support the revised litigation guardian framework. Updates to other procedural forms, including those used in estates and civil filings, ensure consistency with the new rules.

Overall, these changes strengthen the legal protections for parties under disability, establish stricter obligations for litigation guardians, and provide clearer guidance to courts, lawyers, and registrars in managing such proceedings.

Ontario (173/2025) August 20, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.