The Third Party, GPN, brought a motion to dismiss or stay a Third Party Claim by the Catholic Children’s Aid Society of Hamilton (CCAS) or, alternatively, to permit her to continue as litigation guardian for the minor Plaintiff, JTB.
The CCAS brought a cross-motion to dismiss GPN's motion and remove her as litigation guardian, appointing the Office of the Children’s Lawyer (OCL).
The court dismissed GPN's motion, finding the Third Party Claim was not frivolous, vexatious, or an abuse of process, and that it pleaded a reasonable cause of action for contribution and indemnity.
The court granted the CCAS's motion to remove GPN as litigation guardian due to a conflict of interest, but adjourned the decision on appointing the OCL.
