Patrick Colquhoun

The court considered a motion by Goldentrust Development Inc. for leave to have its principal, Peng Zhang, represent the corporation in ongoing litigation.

The motion was opposed by the defendants, Zhiming Chen and Yi Niao Li.

The court reviewed the history of the litigation, the requirements for corporate representation by non-lawyers, and the evidence of Goldentrust’s financial circumstances.

The court denied the motion, finding that Goldentrust failed to prove impecuniosity and that Mr. Zhang’s conduct and evidence did not support granting leave for non-lawyer representation.

The court also addressed costs and set a process for further submissions if the parties could not agree.

The defendants, charged under the Occupational Health and Safety Act following a workplace fatality, brought motions for disclosure of Ministry inspectors' disciplinary files and a "Director's Memo," and for a stay of proceedings based on alleged abuse of process and unreasonable pre- and post-charge delay.

The court dismissed all motions, finding that the requested disciplinary files were not relevant first-party disclosure and that the Director's Memo was protected by solicitor-client privilege, with no "innocence at stake" exception met.

The court also determined that the pre- and post-charge delays were not unreasonable under the Charter's fair trial and delay provisions, and that the alleged investigative and prosecutorial misconduct did not meet the high threshold for an abuse of process stay.