This memorandum addresses issues concerning parties whose legal ability to conduct litigation can be problematic, including deceased persons without a personal representative, unincorporated entities, interveners, and persons under disability. The Committee found that for a deceased person without a personal representative, Rule 50 has ongoing usefulness, but proposes that further clarification be made to the general notice provision of Rule 384(1). Partnerships, sole proprietorships operating under a trade name, and other unincorporated associations were examined and suggestions were made. Public interest intervention allow non-parties to intervene in litigation, typically in Charter-related cases or other cases involving public issues, the written Rules should reflect current practice by having explicit intervention Rules. Persons under disability cannot personally commence or defend litigation, and the Committee recommends that our Rules should adopt the British Columbia approach of allowing a litigation representative of a minor or mentally incompetent person to serve without court appointment. Special Rules for disposition of minors’ property are contained in Rules 581-583 under the Minors’ Property Act. The Committee concludes that these Rules are superfluous and should be deleted.
Consultation Memoranda
Back to Publication SearchRules: Parties, Consultation 12.4
Resource Details
Publication No: | 12.04 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm0124.pdf |