Ontario Civil


Civil Procedure

Case management
Court could do nothing further to help self-represented plaintiff

Actions had long history and arose from 2000 motor vehicle accident. Plaintiff commenced actions against defendant driver and Statutory Accident Benefits action against her insurer. Plaintiff had been represented by many different lawyers throughout and actions had been subject to many motions throughout years. Capacity assessment was conducted and found plaintiff capable, though psychiatric disorders were identified. Tentative settlement was reached but plaintiff refused to conclude. Plaintiff’s counsel had withdrawn and plaintiff was now self-represented. Trial date was vacated to find amicus curiae, given court’s concerns with plaintiff’s ability to defend herself, but plaintiff’s relationship with amicus curiae had also irreparably broken down. Given plaintiff’s resolve to continue self-represented, court could do nothing further to help her, so matter was to proceed to scheduling trial, and defendant’s motion to dismiss for delay and plaintiff’s former lawyers’ motion for charging order, which had been adjourned, would also be scheduled.

Huang v. Braga (Feb. 11, 2016, Ont. S.C.J., T. McEwen J., 02-CV-223298 CM3, 06-CV-316408 PD1) 263 A.C.W.S. (3d) 902.

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