Brigitte Morrison

The court dispensed with the requirement for litigation guardians residing in China to file affidavits in support of court approval motions for settlements involving parties under disability, due to legal and logistical barriers under Chinese law.

The decision reviews the collaborative resolution of liability and settlement issues following a major motor coach accident, the apportionment of limited insurance funds, and the purpose of the court approval process under Ontario law.

The court found that requiring affidavits would be disproportionate and unnecessary, and that the interests of justice are served by waiving the requirement.

This decision concerns the approval of a pro-rata apportionment of insurance proceeds, legal fees, and disbursements among multiple plaintiffs in six related actions arising from a 2018 motor coach collision in Ontario involving Chinese tourists.

The court reviews the collaborative process among counsel, the narrowing of liability to two defendants, and the reasonableness of the proposed settlement distribution.

The court also addresses its jurisdiction to grant the requested relief, the sufficiency of evidence supporting the motion, and the process for future motions involving parties under disability.

The defendants brought a motion to set aside a Master's Order that granted leave for the plaintiff corporation's president, a non-lawyer, to represent it in the action.

The court found it had jurisdiction to set aside the order because one defendant received inadequate notice of the original motion and new facts had arisen.

Applying the test for non-lawyer representation of a corporation, the court concluded the non-lawyer was not reasonably capable of comprehending the complex legal issues involved in the litigation, which included copyright, trademark, and defamation claims.

The court revoked the leave and ordered the plaintiff to appoint a lawyer.