Court File and Parties

Court of Appeal for Ontario Date: 20230725 Docket: M54414 (C70741)

Gillese J.A. (Motion Judge)

Between Nathalie Mouralian Plaintiff (Appellant/Moving Party)

and

Isabelle Groleau Defendant (Respondent/Responding Party)

Counsel: Nathalie Mouralian, acting in person Matthew Morden, for the responding party

Heard: July 24, 2023

Endorsement

[1] In the motion before the court, Nathalie Mouralian asks the court to appoint a “litigation guardian counsel” for the purpose of assisting her with her appeal in the underlying proceeding. The evidence in support of her motion shows that she suffers from serious mental health challenges as well as a “brain injury/severe concussion” suffered from an accident in 2021.

[2] The responding party does not oppose the motion.

[3] Nonetheless, the motion is dismissed for two reasons.

[4] First, in answer to the court’s questions, Ms. Mouralian confirmed that she needs counsel, not simply a litigation guardian, to assist her with the underlying appeal. I have not been pointed to any authority giving this court the power to appoint a litigation guardian counsel.

[5] Second, if Ms. Mouralian is seeking the appointment of a litigation guardian pursuant to r. 7.04(1) of the Rules of Civil Procedure, it is not clear to me that the provision gives this court the jurisdiction to make such an appointment. Assuming that it does, s. 7.04(1)(b) is the applicable provision. Pursuant to that provision, the court must be satisfied that Ms. Mouralian “is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding”. The medical evidence filed in support of the motion does not contain a medical opinion to that effect. Instead, the evidence of Ms. Mouralian’s treating psychiatrist sets out her psychiatric diagnoses and other medical problems.

[6] For these reasons, the motion is dismissed. No costs were sought by the responding party and none are ordered.

“E.E. Gillese J.A.”