What is the threshold at the granting of leave stage for a non-lawyer representative?

Ontario, Canada


The following excerpt is from Canadian National Futsal Assoc. v. Canada Soccer Assoc., et al, 2021 ONSC 202 (CanLII):

Some courts have observed that the threshold applied at the granting of leave stage should not be high, given that the courts are abound with self-represented litigants of varying skills. However, this threshold does require that the proposed representative be reasonably capable of comprehending the issues and articulating the case on behalf of the corporation. Furthermore, some courts have also placed a significant amount of weight on whether it would be “seriously unfair” to the opposing party to have the matter in issue advanced by a non-lawyer representative: Janamian v. Riocan, 2010 ONSC 2022 (Sup. Ct., Master).

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