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Summary judgment granted awarding father sole decision-making and primary residence, with supervised parenting time for mother.
The applicant father brought a motion for summary judgment seeking sole decision-making responsibility and primary residence of the children, with supervised parenting time for the respondent mother.
The mother, who has a lengthy history of serious mental health issues and resides in New Brunswick, did not file responding materials or attend the hearing.
The court found no genuine issue requiring a trial, noting the children have lived with the father for nearly five years and their views strongly supported the father's requested relief.
The motion was granted, and the father was awarded $5,000 in costs.
Action commenced by non-lawyer for disabled plaintiff is an irregularity, not a nullity; OCL appointed as litigation guardian.
The mother of a severely disabled adult plaintiff brought a motion to be appointed as his litigation guardian and to be permitted to represent him without legal counsel in an action against a residential care facility.
The defendants brought a cross-motion to dismiss the action as a nullity because it was commenced by a non-lawyer, or alternatively to appoint the Public Guardian and Trustee.
The court held that commencing the action without a lawyer was an irregularity, not a nullity, and refused to dismiss the claims.
However, the court found the mother could not act as litigation guardian because she failed to retain counsel as required by the Rules of Civil Procedure, failed to file the requisite affidavit, and lacked the necessary indifference to the outcome of the litigation.
The Office of the Children's Lawyer was appointed as litigation guardian.
