The court dispensed with the requirement for litigation guardians residing in China to file affidavits in support of court approval motions for settlements involving parties under disability, due to legal and logistical barriers under Chinese law.
The decision reviews the collaborative resolution of liability and settlement issues following a major motor coach accident, the apportionment of limited insurance funds, and the purpose of the court approval process under Ontario law.
The court found that requiring affidavits would be disproportionate and unnecessary, and that the interests of justice are served by waiving the requirement.
