The plaintiff brought a motion to amend his statement of claim to remove his mother as a defendant and add her as a plaintiff, with himself acting as her litigation guardian.
The defendant brother opposed the motion, arguing the plaintiff was not an appropriate litigation guardian due to a conflict of interest and an acrimonious relationship.
The court found that the mother was a party under disability requiring a litigation guardian.
The court also held that the plaintiff was an appropriate litigation guardian, as he had no interest adverse to his mother and the level of acrimony did not interfere with his ability to act in her best interests.
The motion to amend the statement of claim was allowed.
