What is the test for a solicitor to bring a motion under Rule 15.02?

Ontario, Canada


The following excerpt is from The Polish National Catholic Church of Canada v. Polish National Catholic Church and Anthony A. Mikovsky, 2014 ONSC 4501 (CanLII):

The plaintiff relies on Bozzo v. Giampaolo, [2002] O.J. No. 5382 at para. 12 for the proposition that “ordinarily, obtaining a resolution of the board of directors of a corporation is dispositive of the question of whether or not a solicitor has the requisite authority of a corporate client.” In that case, Stinson J. went on to explain the purpose of a rule 15.02 motion at para 15: One must not lose sight of the fact that the purpose of the rule 15.02 process is not to engage the court in a view of corporate governance issues, but rather, to require a solicitor to demonstrate that he or she has been duly authorized by a corporate client to commence the proceeding. Absent some evidence of fraudulent documentation or a complaint by a defendant who is either a corporate shareholder or director disputing the propriety of the commencement of the proceeding (which complaint, in any event, might more properly be raised in a parallel oppression remedy application under the relevant business corporations statute) the court should accept a corporate resolution that is proffered on its face as sufficient authority for a solicitor to act.

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