ROYAL BANK OF CANADA v WAPITI WASTE MANAGEMENT INC, 2016 ABQB 145

VEIT J

2.22: Self-represented litigants

Case Summary

The Defendant company’s Receiver applied for the approval of the sale of the Defendant’s remaining assets at a price far below the property’s original list price. The Defendant’s largest unpaid creditor opposed the Application. The Defendant’s apparent current president and shareholder sent a personal representative to appear at the Application.

Justice Veit commented that the Defendant company likely had no status at the Application because the Receiver would stand in the place of the Defendant with respect to the disposition of the Defendant’s property. In any event, pursuant to Rule 2.22, if the Defendant Company wished to make representations on the Application, it could only do so through a lawyer. Rule 2.22 provides that an “individual” could represent themselves in the Superior Courts, but other litigants, including corporations must be represented by counsel.

In the result, Justice Veit denied the Application for the sale of assets.

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