Cathleen Brennan

The appellant, Xylem Canada Company, appealed an application judge's order declaring that an obligation to purchase, set out in a 1996 lease, remained in effect through subsequent lease renewals.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's interpretation of the contractual documents.

The court reiterated that contractual interpretation involves issues of mixed fact and law, entitling the application judge's decision to deference.

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.