Is there a conflict of interest between a guardian and a plaintiff in a personal injury action?
Ontario, Canada
The following excerpt is from Shanthakumar v. RBC, 2021 ONSC 4966 (CanLII):
The Court's power is discretionary. The requirement that a guardian act in the best interests of the litigant requires that the guardian be indifferent to the outcome of the litigation. A conflict of interest is an example of a lack of such indifference, although it must be real conflict, not merely an appearance of one (see: Shemesh v. Goldlist, 2008 CanLII 19228 (ONSC) at paras. 15, 25-26, 34-37; Shady Saley v. Mohammed Salege et al., 2020 ONSC 5631).
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