Is a plaintiff's litigation guardian personally liable for costs awarded against the person under disability?

Study for the Ontario Paralegal License Exam. Prepare with flashcards and multiple choice questions, each with hints and explanations. Get ready for your exam!

The correct answer is that the litigation guardian is not personally liable for costs awarded against the person under disability. In the context of civil litigation, a litigation guardian is appointed to act on behalf of a person who is unable to manage their own affairs, typically due to age or mental incapacity.

The principle behind this is rooted in the notion that the person under disability is the one engaged in the litigation, and any costs awarded against them are directed at that party rather than their litigation guardian. The litigation guardian's role is to represent the interests of the individual, and their liability is generally limited to the actions taken on behalf of that person. They are not financially responsible for the outcomes of the case unless they have acted outside the scope of their duties or in a manner that creates individual liability, such as through negligence.

This principle helps to ensure that individuals who may not have the capacity to defend themselves are still able to access the legal system without putting their guardians in a financially precarious position.

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