What if the person you are suing dies before the lawsuit has been completed? The answer starts with Rules 11 and 9.01. We will be dealing with Rule 11 later in our series. For the purposes of this blog, it suffices to say that Rule 11 deals with the transfer of interest or liability to another party by virtue of assignment, bankruptcy, death or other means. When a party to a lawsuit dies, the proceeding is stayed. At that point, any interested person may file the material necessary for the registrar to issue an order to continue – reigniting the lawsuit.

Rule 7 of the Rules of Civil Procedure – R.R.O. 1990, Reg. 194 was designed to protect vulnerable incapable persons involved in litigation. Under that rule, when a party is under a disability and thereby incapable of advocating for him/herself, someone shall step into the incapable person’s shoes and become their litigation guardian to make decisions on their behalf.

There is an interesting interplay between Rule 7.02(2) of the Rules of Civil Procedure and the Limitations Act, 2002. Historically, the legislature and courts suspended limitation periods for a plaintiff who was a minor until that minor reached the age of majority. But, section 9 of the Limitations Act 2002 allows a defendant to bring a motion to appoint a litigation guardian to represent a minor plaintiff and thereby trigger the start of the limitation period. The case of Siddiqui v. Saint Francis Xavier High School [Siddiqui] demonstrates how this situation can play out.

Does the law permit someone who is incapable to hire a lawyer and sue another person? It sounds like a question that should have a simple answer. But then what fun would it be to write a blog about it?