What is the test for removing a litigation guardian?
British Columbia, Canada
The following excerpt is from Re Poon (Patients Property Act), 2005 BCSC 254 (CanLII):
The petitioner seeks to bring this case within the facts of Gronnerud (supra) and Lodge v. Lodge, [2003] B.C.J. No. 183 (B.C.S.C.), which applied Gronnerud. In both of those cases the litigation guardians were removed, and in the former, a property guardian was also removed, on the basis that the guardians were in a conflict of interest toward the dependent adult. In these cases there was either an added element of acrimony or a “high level of conflict” between the guardians and the opposite parties in the litigation which was found to amount to a conflict of interest.
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