The defendants brought a motion seeking to strike the statement of claim or, alternatively, stay the action until the corporate plaintiff filed a notice of appointment of lawyer under Rule 15.01(2) of the Rules of Civil Procedure.
The corporate plaintiff sought leave to represent itself through an individual who claimed to be a director and general manager.
The court reviewed the evidentiary record and found inconsistencies between sworn affidavits and public corporate filings regarding the individual's corporate status, and noted evidence suggesting the individual was holding himself out as providing legal services without proper authorization.
The court concluded that permitting the individual to represent the corporation would effectively endorse the unauthorized provision of legal services.
The plaintiff was denied leave to be represented by the individual and ordered to retain counsel within sixty days failing which the claim would be struck and the action dismissed.
