Patricia M. Hill

The defendant corporation brought a motion for leave under Rule 15.01(2) of the Rules of Civil Procedure to be represented by Hossein Assadpour, a non-lawyer.

The plaintiffs opposed the motion.

The court granted leave, finding that the defendant, a closely held corporation with Assadpour as its sole officer, director, and shareholder, met the criteria for non-lawyer representation.

The court considered factors such as Assadpour's authorization, connection to the corporation, the corporation's closely held nature, protection of stakeholders' interests, and Assadpour's reasonable capability to comprehend and advocate the issues.

The court also considered the corporation's financial incapacity to retain counsel, though noted it was not a necessary factor.

No costs were awarded.

The plaintiff, Leanne Hunt, sued the City of Toronto, Northam Realty Advisors (landlord), and Pattison Outdoor Advertising Ltd. (sign owner) after sustaining a head injury from colliding with a billboard catwalk.

The defendants brought a motion for summary judgment to dismiss the claim.

The court dismissed the motion against Pattison, finding genuine issues for trial regarding negligence in sign design and the conflicting expert evidence on visibility and conspicuity.

However, the court granted summary judgment to the City of Toronto, ruling that its officials correctly applied the building code and by-laws regarding sign permits and were not negligent in interpreting 'pedestrian walkway.' Summary judgment was also granted to Northam, as it was not an 'occupier' of the leased sign under the Occupiers' Liability Act and therefore not responsible for hazards related to the sign itself.