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Section 89 Courts of Justice Act

RSO CHAPTER C.43 as amended by SO 1994, c. 12, s. 37 etc.

89.-(1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a Children's Lawyer for Ontario. 1994, c. 27, s. 43(1).

(2) No person shall be appointed as Children's Lawyer unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar. 1994, c. 12, s. 37; 1994, c.27, s.43(2).

(3) Where required to do so by an Act or the rules of court, the Children's Lawyer shall act as litigation guardian of a minor or other person who is a party to a proceeding. 1994, c. 12, s. 37; 1994, c.27, s.43(2).

(3.1) At the request of a court, the Children's Lawyer may act as the legal representative of a minor or other person who is not a party to a proceeding. 1994, c. 12, s. 37; 1999, c.12, Sched. B, s. 4(1).

(4) The same costs as are payable to litigation guardians are payable to the Children's Lawyer and costs recovered by the Children's Lawyer shall be paid into the Consolidated Revenue Fund. 1994, c. 27, s. 43(2).

(5) The Children's Lawyer shall not be required to give security for costs in any proceeding. 1994, c. 27, s. 43(2).

(6) Where a person for whom the Children's Lawyer has acted is interested in a mortgage held by the Accountant of the Superior Court of Justice, the Children's Lawyer shall take reasonable care to ensure that,
(a) money payable on the mortgage is promptly paid;
(b) the mortgaged property is kept properly insured; and
(c) taxes on the mortgaged property are promptly paid, 1994, c. 27, s. 43(2); 1996, c.25, s.9(13).

(7) Money received by the Children's Lawyer on behalf of a person for whom he or she acts shall, unless the court orders otherwise, be paid into court to the credit of the person entitled. 1994, c. 27, s. 43(2)

(8) Where the amount payable into court under subsection (7) is to be ascertained by the deduction of unassessed costs from a fund, the Children's Lawyer may require the costs to be assessed forthwith. 1994, c. 27, s. 43(2).

(9) The Provincial Auditor shall examine and report on the accounts and financial transactions of the Children's Lawyer. 1994, c. 27, s. 43(2).