B. Cox

The plaintiff brought a motion to amend his statement of claim, which was allowed in part after the defendant successfully objected to several proposed amendments that offended the rules of pleading.

The parties could not agree on costs for the motion.

The court awarded partial indemnity costs to the defendant, fixed at $1,400, reflecting the defendant's partial success and the divided outcome of the motion.

The litigation guardian for a minor plaintiff brought a motion seeking to be replaced by the Office of the Children’s Lawyer as litigation guardian.

The moving party argued that the potential costs consequences of an upcoming summary judgment motion created a conflict of interest and justified the substitution.

The court held that concern over possible personal costs liability did not constitute an adverse interest within the meaning of the Rules of Civil Procedure.

The court further emphasized that the Children’s Lawyer is a litigation guardian of last resort and should not replace a capable and financially able parent absent evidence of true conflict or inability to act.

The motion was dismissed.