The plaintiff appealed an order dismissing her action.
The application judge found evidence that the plaintiff lacked capacity to instruct counsel to commence the action.
The Court of Appeal held that the application judge erred in principle by failing to consider Rule 7 of the Rules of Civil Procedure.
Instead of dismissing the action, it should have been stayed under Rule 15.02 until an application for a litigation guardian could be made.
The appeal was allowed, the dismissal set aside, and the action stayed.
