Discontinuance by or against Party under Disability
 7.07.1 (1) If a party to an action is under a disability, the action may be discontinued by or against the party under rule 23.01 only with leave of a judge.  O. Reg. 19/03, s. 3. (2) Notice of a motion for leave under subrule (1) shall be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee, (a) on the Children’s Lawyer, if the party is a minor; or (b) on the Public Guardian and Trustee, in any other case. O. Reg. 259/14, s. 2. Approval of Settlement Settlement Requires Judge’s Approval 7.08 (1) No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval of a judge.  R.R.O. 1990, Reg. 194, r. 7.08 (1). (2) Judgment may not be obtained on consent in favour of or against a party under disability without the approval of a judge.  R.R.O. 1990, Reg. 194, r. 7.08 (2). Exception (2.1) This rule does not apply to a settlement or judgment respecting the appointment under the Substitute Decisions Act, 1992 of a guardian of property or guardian of the person. O. Reg. 281/16, s. 3 (1). Where no Proceeding Commenced (3) Where an agreement for the settlement of a claim made by or against a person under disability is reached before a proceeding is commenced in respect of the claim, approval of a judge shall be obtained on an application.  R.R.O. 1990, Reg. 194, r. 7.08 (3). Material Required for Approval (4) On a motion or application for the approval of a judge under this rule, there shall be served and filed with the notice of motion or notice of application, (a) an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement; (b) an affidavit of the lawyer acting for the litigation guardian setting out the lawyer’s position in respect of the proposed settlement; (c) where the person under disability is a minor who is over the age of sixteen years, the minor’s consent in writing, unless the judge orders otherwise; and (d) a copy of the proposed minutes of settlement.  R.R.O. 1990, Reg. 194, r. 7.08 (4); O. Reg. 69/95, s. 18; O. Reg. 575/07, s. 10. (4.1) If there is no litigation guardian and the settlement that is the subject of the motion or application is in respect of a matter under the Substitute Decisions Act, 1992 to which this rule applies, the affidavit referred to in clause (4) (a) shall be provided by the moving party or applicant (as the case may be), and the affidavit referred to in clause (4) (b) shall be provided by his or her lawyer. O. Reg. 281/16, s. 3 (1). Children’s Lawyer or Public Guardian and Trustee (5) On a motion or application for the approval of a judge under this rule, the judge may, (a) direct that material filed on the motion or application be served on the Children’s Lawyer or on the Public Guardian and Trustee; and (b) direct the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, to make a written report stating any objections he or she has to the proposed settlement and making recommendations, with reasons, in connection with the proposed settlement. O. Reg. 281/16, s. 3 (2).