John Brennan

The defendants brought a motion under Rule 15.01(2) of the Rules of Civil Procedure seeking leave for the corporate defendants to be represented by a non-lawyer, specifically their Vice-President and property manager.

The court considered the relevant factors, including the complexity of the $5,000,000 claim and the fact that the proposed representative was not the sole shareholder.

The court concluded that the legal complexities required counsel and that granting leave would essentially grant a temporary license to practice law.

The motion was dismissed.

The defendants brought a motion to sever the issue of the plaintiff's standing to bring the action, seeking to have it determined in advance of trial.

The plaintiff opposed the motion.

The court reviewed the principles governing bifurcation, noting that a litigant has a basic right to have all issues resolved in one trial and that severance should only be ordered in the clearest of cases.

The court dismissed the motion, finding that the issues were interconnected, severance would likely lead to appeals and delay, and the motion was brought late in the proceedings after significant resources had already been expended.