Main Issue:

• Stuart Murray, a non-lawyer, sought the court's leave to represent Cowal Chalmers Inc. in legal proceedings, despite being disbarred.

Motions Considered:

• Murray's request to represent the corporation as its sole shareholder, officer, and director.
• Alternative motion to stay, strike, or sever the third-party claim.

Key Legal Questions:

1. Should a non-lawyer (Murray) be allowed to represent a corporation in court?
2. Should the third-party claim be struck or severed?

Legal Framework:

• Rule 15.01(2) of the Ontario Rules of Civil Procedure generally requires a lawyer to represent a corporation unless exceptional circumstances allow otherwise.
• Considerations include the representative's connection to the corporation, financial ability to hire counsel, and capability to handle legal matters.

Court’s Findings:

• Murray demonstrated a close connection to the corporation (sole shareholder and director) and provided evidence of the corporation's financial inability to retain counsel.
• The court found that despite procedural errors, Murray was capable of comprehending and handling the litigation on behalf of the corporation.
• His disbarment was not an automatic disqualification since his representation was akin to that of a self-represented litigant for a closely held corporation.

Decision:

• Murray was granted leave to represent Cowal Chalmers Inc. in the legal action.
• The motion regarding the third-party claim was not addressed, as Murray's representation was allowed.
• No damages or monetary award were specified in the document.