Litigation Guardian for Mental Incapacity (LTB): Difference between revisions
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==Landlord and Tenant Board Rules<ref name="LTB-Rules"/>== | |||
A10.2 Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative. | |||
A10.4 A litigation guardian for a person who lacks mental capacity to participate in the tribunal proceeding must file a signed declaration in the form designated by the tribunal, confirming: | |||
::a. the litigation guardian's consent to serve in this role; | |||
::b. the nature of the litigation guardian's relationship to the person represented; | |||
::c. reasons for believing that the person is not mentally capable of participating in the proceeding; | |||
::d. the nature and extent of the disability causing the mental incapacity; | |||
::e. that no other person has authority to be the person's litigation guardian in the proceeding; | |||
::f. that any person who holds power of attorney or guardianship for the person for other matters has been provided with a copy of the materials in the proceeding and a copy of the SJTO practice direction on litigation guardians; | |||
::g. that the litigation guardian has no interest that conflicts with the interests of the person represented; | |||
::h. an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule A10.8; and | |||
::i. that the litigation guardian is at least 18 years of age and understands the nature of the proceeding. | |||
<ref name="LTB-Rules">Landlord and Tenant Board Rules, <https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html>, retrieved 2024-10-01</ref> | |||
Revision as of 01:43, 2 October 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2420 |
| Page Categories: | [Hearing Process (LTB)], [Care Homes (LTB)], [Substitute Decision Makers] |
| Citation: | Litigation Guardian for Mental Incapacity (LTB), CLNP 2420, <https://rvt.link/de>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2024/10/02 |
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Landlord and Tenant Board Rules[1]
A10.2 Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative.
A10.4 A litigation guardian for a person who lacks mental capacity to participate in the tribunal proceeding must file a signed declaration in the form designated by the tribunal, confirming:
- a. the litigation guardian's consent to serve in this role;
- b. the nature of the litigation guardian's relationship to the person represented;
- c. reasons for believing that the person is not mentally capable of participating in the proceeding;
- d. the nature and extent of the disability causing the mental incapacity;
- e. that no other person has authority to be the person's litigation guardian in the proceeding;
- f. that any person who holds power of attorney or guardianship for the person for other matters has been provided with a copy of the materials in the proceeding and a copy of the SJTO practice direction on litigation guardians;
- g. that the litigation guardian has no interest that conflicts with the interests of the person represented;
- h. an undertaking to act in accordance with the responsibilities of a litigation guardian as set out in Rule A10.8; and
- i. that the litigation guardian is at least 18 years of age and understands the nature of the proceeding.
- ↑ 1.0 1.1 Landlord and Tenant Board Rules, <https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Procedure.html>, retrieved 2024-10-01
