What is the test for having a guardian ad litem in a personal injury action?

British Columbia, Canada


The following excerpt is from Smith v Nabi, 2018 BCSC 1492 (CanLII):

Reference was made to the decision of Lehmann v. Hartmann (Guardian ad litem of), [1995] B.C.J. No. 2662 (S.C.). In this case, the mother and stepfather were originally named as guardian ad litem for their infant son named as a defendant in a personal injury action. The guardians were unwilling to retain a lawyer to defend the proceedings on the basis that they were financially unable to do so. As a result the claim for damages was unable to proceed.

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