The Public Guardian and Trustee, acting as litigation guardian for a mentally incapable plaintiff, appealed a motion judge's refusal to approve settlements that would dismiss two actions without costs.
The motion judge had held that the plaintiff had an absolute right to a hearing.
The Divisional Court allowed the appeal, finding that there is no absolute right to a hearing and that a litigation guardian has the authority to settle actions if it is in the best interests of the party under disability.
The court approved the settlements.
