Nature of the Case:

• Mercedes-Benz Financial Services Canada Corporation (Plaintiff) filed a claim regarding unpaid vehicle leasing costs and damages following the theft of the vehicle.
• A secondary issue arose regarding the eligibility of Groupe Paulia Inc.'s legal representation by its attorney, Me Abdou Gaye.

Key Arguments:

• The plaintiff argued that Groupe Paulia Inc.’s directors, who are undischarged bankrupts under the Bankruptcy and Insolvency Act, lacked the legal authority to appoint legal counsel.
• Testimony from Groupe Paulia's shareholder and director, Paul Banza Tshiany, suggested he did not authorize the hiring of the attorney.

Court Findings:

• The court rejected the plaintiff's request to disqualify Me Abdou Gaye. It ruled that under Article 328 of the Civil Code of Québec, acts by directors cannot be invalidated solely due to their ineligibility.
• The plaintiff did not demonstrate how disqualifying the attorney was necessary to uphold the integrity of the judicial process.

Outcome:

• The court dismissed the plaintiff’s motion to disqualify the attorney, without costs.
• The case will proceed with both defendants represented
• No monetary award, costs, or damages were granted in this procedural decision.