A condominium corporation brought an application seeking various forms of relief against a unit owner whose alleged conduct raised safety concerns.
The court first had to determine whether the respondent was under a disability within the meaning of Rule 7 of the Rules of Civil Procedure, requiring the appointment of a litigation guardian.
Despite a prior order directing a mental capacity assessment, no assessment had been completed and the respondent failed to appear or participate in the proceedings.
Based on affidavit evidence describing erratic behaviour and non‑compliance with court orders, the court concluded that the respondent met the criteria for a party under disability.
The Public Guardian and Trustee was appointed as litigation guardian and the application was adjourned to allow time for the guardian to prepare.
