How is a litigation guardian appointed for an incapable party in an Ontario will challenge?

A person involved in an Ontario will challenge who lacks the capacity to instruct a lawyer and make decisions about the litigation generally needs a litigation guardian appointed to act on their behalf in the proceeding, whether they're a minor or an adult found to be incapable. In most cases, a suitable and willing family member or other close, appropriate person can be appointed, provided they don't have a conflict of interest with the incapable person and are prepared to act responsibly in that person's best interests throughout the case.

The appointment is generally formalized by filing the required court documents confirming the proposed litigation guardian's consent and their relationship to the incapable party, rather than requiring a separate contested hearing in most straightforward cases. Where no appropriate family member is available or willing, or where the available candidates are themselves in conflict over the estate, the Public Guardian and Trustee or the Office of the Children's Lawyer may need to act instead. A litigation guardian doesn't gain authority over the incapable person's other affairs — their role is limited to making decisions in that specific lawsuit. Speak with a lawyer early if a party to your dispute may lack capacity to instruct counsel.