In Ontario, when an incapable person is involved in a civil proceeding, any settlement reached on their behalf must be approved by the court under Rule 7 of the Rules of Civil Procedure. This requirement ensures that the settlement is fair and in the best interests of the incapable person.

Settlement approvals regarding incapable persons are not a “rubber stamp” by any stretch of the imagination. They require counsel to follow specific guidelines and procedures to ensure that the incapable person has received the requisite notice and is properly protected. Issues may be further complicated where there has not yet been a formal declaration from the courts as to the person’s incapacity, or if the incapable person predeceases the approval motion.

This seminar is intended to educate practitioners about the legal requirements in obtaining settlement approvals, and the common pitfalls that litigators face when bringing these motions.

Topics include:

• Overview of the Rules & Guidelines (and when litigation guardian participation in settlement approval not required)
• Is there an agreement if an incapable person dies before approval?
• When a party is potentially incapable but not clearly
• Opposition to settlement and standing
• Asking section 3 counsel or incapable person to sign minutes