Is Rule 15.02(1) of the Corporations Rule requiring disclosure of whether a client approved the solicitor to commence the proceeding?

Ontario, Canada


The following excerpt is from Curle et al v Gustafson et al, 2014 ONSC 5865 (CanLII):

In Caribbean Cultural Committee v. Toronto (City), [2002] O.J. No. 2022 (S.C.J.), Molloy J. held that the plain meaning of Rule 15.02(1) is that an opposing party is entitled to require disclosure of whether the client authorized the solicitor to commence the proceeding. Molloy J. further held that case law under the current version of the Rule makes it clear that the defendant is entitled under the Rule to require disclosure of whether a corporate plaintiff was properly authorized to instruct counsel to commence the proceedings. See para. 8.

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