COURT FILE NO.: CV-21-124- 00 DATE: 20230227
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: GLYCOBIOSCIENCES INC. v. SKINSTITCH LLC and VENKAT KAKINI
BEFORE: McSWEENEY J.
COUNSEL: K. Drizen, moving party, on his own behalf David Capra, for the Defendants (not appearing)
HEARD: In Orangeville, May 24, 2022 and by written submissions thereafter
ENDORSEMENT - RULE 15.01(2) MOTION
[1] Mr. Drizen is not a lawyer. He moves under Rule 15.01(2) of the Rules of Civil Procedure for leave to represent the plaintiff corporation, Glycobiosciences Inc. ("Glyco"). The Court accepts that Mr. Drizen has sought and obtained orders to represent Glyco fairly regularly in the past.
[2] Following review of the motion record and hearing submissions, the Court adjourned the motion to provide Mr. Drizen an opportunity to file updated materials before making its decision, specifically regarding the corporate authority for the motion and the financial status of the plaintiff corporation.
[3] Mr. Drizen served and filed further materials the following month in support of his motion. The defendant did not oppose the motion as filed, nor did it provide submissions on the additional materials filed by Mr. Drizen.
[4] I note that Mr Drizen prepared, served and filed his additional materials in a timely manner. The delay of several months in the release of this endorsement is not related to any action or inaction of either Mr. Drizen or the defendants.
[5] I am satisfied in these circumstances that it is in the interests of justice that Mr. Drizen’s motion be granted. In granting leave, the Court emphasizes that no finding has been made as to whether Glyco is currently impecunious within the meaning of case law relevant to the exercise of judicial discretion (e.g. see Leisure Farm Construction Ltd v. Dalew Farms Inc., 2021 ONSC 105).
[6] Should Mr. Drizen bring future motions to represent Glyco in Ontario courts, he is advised to file Glyco's updated financial evidence in his motion record.
[7] Mr. Drizen has leave to represent the plaintiff corporation. Order to issue.
DATE: February 27, 2023 Digitally signed by Justice L. McSweeney Date: 2023.02.27 '14:20:11 - 05'00

