Key Points:

• Motion by Plaintiffs:

  • Representation: Plaintiffs sought leave under Rule 15.01(2) of the Rules of Civil Procedure to allow Guillaume Carle and Lynn Hollister to represent Night Hawk Technologies TM Inc. in court without a lawyer.
  • Amendment of Statement of Claim: Plaintiffs sought to amend the statement of claim to add the Attorney General of Canada as a defendant.

• Defendant’s Position:

  • Opposed the motion for non-lawyer representation.
  • Agreed to the amendment of the statement of claim to replace "Indigenous Relations and Northern Affairs Canada" with "Attorney General of Canada."

• Background:

  • The litigation arose from the removal of Night Hawk Technologies from the Indigenous Business Directory by Indigenous Services Canada, resulting in a $2.5 million damages claim.
  • The statement of claim was served in January 2022, but the litigation has been inactive since.

• Court's Analysis:

  • Rule 15.01(2) Considerations:
    • The court must ensure the proposed representatives can adequately represent the corporation and comprehend the issues.
    • Plaintiffs failed to provide sufficient evidence of authorization, financial incapacity to hire counsel, or ability to represent the corporation.
  • Involvement of Richard Jackman: Raised concerns as Jackman is a suspended lawyer, complicating the plaintiffs' representation further.

• Decision:

  • Representation: Denied the plaintiffs' motion for Carle and Hollister to represent Night Hawk.
  • Amendment: Ordered plaintiffs to amend the statement of claim within 60 days to properly name the Attorney General of Canada as the defendant.
  • Counsel Requirement: Plaintiff corporation must retain legal counsel within 30 days.

The document did not specify any monetary award, costs, or damages granted or ordered.