Court File and Parties

Citation: Meherab v. Allstate Insurance Company, 2024 ONSC 2820 Divisional Court File No.: DC-24-00000090-0000 Date: May 16, 2024

Superior Court of Justice – Ontario Divisional Court

Re: Hasan Meherab, Appellant And: Allstate Insurance Company, Respondent

Before: Shore, J.

Counsel: Zahangir Kabir, for the Appellant Shelby Chung, for the Respondent

Heard at: City of Toronto, May 15, 2024

Endorsement

[1] Mr. Meherab filed a notice of appeal of the decision of the Licence Appeal Tribunal (LAT), dated November 6, 2023, and the review decision, dated January 8, 2024. Mr. Meherab was involved in a motor vehicle accident. In July 2022, he entered into an agreement with his insurer, Allstate (the respondent to this appeal). The appeal relates to whether certain benefits were covered by the settlement reached between the parties, which settlement included a full and final release. The appeal has been scheduled to be heard on June 27, 2024, for a half day.

[2] Mr. Meherab is currently residing in Bangladesh. Mr. Meherab is being "represented" in the Court by Mr. Kabir. Mr. Kabir represented Mr. Meherab during the LAT proceedings. Mr. Kabir is not a lawyer. It was explained to Mr. Kabir that under r.15.01 of the Rules of Civil Procedure, which are the rules that apply to this Court (as opposed to Tribunals, which have a different set of rules), parties can act in person or can be represented by a lawyer. Mr. Kabir cannot represent the appellant, as he is neither a lawyer nor a party to these proceedings.

[3] Mr. Kabir advised the court that Mr. Meherab suffers from a mental disability and is unable to represent himself. The Court directed Mr. Kabir to r.7.01 and explained that he will have to bring a motion to act as a litigation guardian. The relevant rules are as follows:

r.7.01 (1) Unless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian. O. Reg. 69/95, s. 2.

r. 7.02 (2) No person except the Children's Lawyer or the Public Guardian and Trustee shall act as litigation guardian for a plaintiff or applicant who is under disability until the person has filed an affidavit in which the person,

(a) consents to act as litigation guardian in the proceeding;

(b) confirms that he or she has given written authority to a named lawyer to act in the proceeding;

(c) provides evidence concerning the nature and extent of the disability;

(d) in the case of a minor, states the minor's birth date;

(e) states whether he or she and the person under disability are ordinarily resident in Ontario;

(f) sets out his or her relationship, if any, to the person under disability;

(g) states that he or she has no interest in the proceeding adverse to that of the person under disability; and

(h) acknowledges that he or she has been informed of his or her liability to pay personally any costs awarded against him or her or against the person under disability. O. Reg. 14/04, s. 7; O. Reg. 193/15, s. 1.

7.05(3) A litigation guardian other than the Children's Lawyer or the Public Guardian and Trustee shall be represented by a lawyer and shall instruct the lawyer in the conduct of the proceeding.

15.01 (1) A party to a proceeding who is under disability or acts in a representative capacity shall be represented by a lawyer. R.R.O. 1990, Reg. 194, r. 15.01 (1); O. Reg. 575/07, s. 1.

[4] I am therefore adjourning this case management conference for one month, to allow Mr. Zabir time to bring his motion to be appointed as a litigation guardian, if he so chooses, and to retain a lawyer, as required under the Rules.

[5] This file will not be ready for the appeal to be heard on June 27th, 2024, and I am therefore vacating the date, with a new date to be assigned at the next case management conference, if appropriate.

Shore J.

Date: May 16, 2024