NAHIRNEY v OGILVIE & COMPANY, 2011 ABQB 586
2.11: Litigation representative required
2.13: Automatic litigation representatives
2.14: Self-appointed litigation representatives
2.22: Self-represented litigants
2.23: Assistance before the Court
The Defendants applied for an Order prohibiting the Plaintiff’s father from representing her. The Plaintiff was not suffering from any incapacity and there was no evidence presented that she required a Litigation Representative due to lack of capacity. The Plaintiff’s father put forward an Affidavit in support of his position that he be appointed the Plaintiff’s Litigation Representative based on Rule 2.14, Rule 2.13 and by virtue of a Power of Attorney he had for his daughter.
Lee J. decided that self-represented litigants have an audience before the Court by virtue of Rule 2.22. The Plaintiff’s father may provide assistance to the Plaintiff in the manner set out by Rule 2.23 but that does not permit him to represent his daughter in the proceedings. There was no basis for the Appointment of a Litigation Representative as the Plaintiff was not a minor and had no capacity issues.View CanLII Details