Prince v. Canada
T-90-94
Gibson J.
2/6/94
13 pp.
Application for order removing two of five plaintiffs, requiring appointment of litigation guardian to represent infant plaintiffs, striking certain paragraphs of statement of claim, seeking extension of time to file statement of defence -- Children and mother citizens of Canada-Father, who came to Canada from Granada in 1980, subject to removal order -- Statement of claim alleging removal of father from Canada would contravene Charter, ss. 6(1), 7, 15 -- Order removing parents as plaintiffs -- Paragraphs 6 to 9, 13 to 16, 26 and 27 of statement of claim struck out -- Primary issue related to appointment of litigation guardian for infant plaintiffs -- Plaintiffs herein "infants", therefore "persons under disability" under R. 1700-Father not person "ordinarily resident in Ontario" under Ontario R. 7.02(2)(c) -- "Ordinarily resident" meaning "lawfully ordinarily resident" -- Lack of ordinary residence in face of statement to contrary not confering on Court authority to appoint litigation guardian instead of father -- Latter not disqualified as litigation guardian -- Innocent misstatement regarding residency in affidavit not impairing impact of affidavit in qualifying him to act as litigation guardian for three children -- Application allowed in part -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 6, 7, 15-Federal Court Rules, C.R.C., c. 663, R. 1700 -- Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194, s. 7.02.