Hans P. Engell

The individual appellant appealed an order striking her claim and denying her leave to represent the corporate appellant under Rule 15.01.

The Court of Appeal dismissed the appeal, finding that the motions judge correctly concluded the individual appellant lacked legal capacity to sue, as the cause of action belonged to the corporation.

The Court further held it lacked jurisdiction to hear the appeal regarding the Rule 15.01 order, as it was interlocutory and appealable only to the Divisional Court with leave.