The individual Defendant, Sekhon applied to strike the Third Party Statement of Defence of the Third Party Respondent corporation, Tots and Bellies Inc. (“Tots and Bellies”), on the basis that it was drafted and filed by a non-lawyer. One of the individual Third Party Defendants, Sushil Ayri (“Ayri”) drafted and filed the Third Party Defence at the request of Tots and Bellies’ director, Ruby Carino (“Carino”). Carino was also named as a Third Party Defendant.

Master Birkett considered Rules 2.22 and 2.23, section 106(1) of the Legal Profession Act, RSA 2000, c L-8, and leading Alberta Court of Appeal authority for the proposition that a corporation cannot be represented in Court by an individual other than a member of the Law Society of Alberta. Accordingly, Master Birkett struck Tots and Bellies’ Defence and directed that Tots and Bellies was required to retain a lawyer and file a new Third Party Statement of Defence within 45 days from the date of the Decision. Master Birkett noted that Rule 10.29 provided that the successful party to an Application is entitled to their Costs, but ordered that the Applicant and Respondent would bear their own Costs for the Application as Ayri and Carino were not aware that Tots and Bellies had to be represented by a lawyer.