The moving party defendant brought a motion to dismiss the plaintiff's claim, arguing that the plaintiff, her elderly father, had not authorized his lawyer to commence the action.
The defendant relied on Rule 15.02 of the Rules of Civil Procedure to demand proof of authority.
The plaintiff's lawyer provided an affidavit confirming he received instructions directly from the plaintiff.
The court dismissed the motion, finding that the solicitor's affidavit was sufficient to satisfy the requirements of Rule 15.02, particularly given the plaintiff's illiteracy and use of a mark to sign documents.
