CEO lacked ability to represent beneficiary

Civil practice and procedure - Parties - Miscellaneous

Representation by non-lawyer. Deceased died with will in which she left residue of estate to four charitable organizations in equal shares. Beneficiary brought motion for leave to be represented by its non-lawyer CEO. Motion by beneficiary dismissed. CEO’s conduct as non-lawyer representative in other proceedings and his conduct so far in present application demonstrated that he was not capable of advocating on behalf of beneficiary. In other actions, CEO’s made unfounded allegations of impropriety, which increased beneficiary’s liability and costs. In this action, CEO made pointless attacks against executor, public guardian and other residual beneficiaries. CEO lacked ability to represent beneficiary as he did not understand issues and how to present them to beneficiary’s benefit. CEO would only cost beneficiary and other parties money by taking frivolous positions and pushing them endlessly. As CEO was beneficiary’s only witness, his double role as representative and witness would cause confusion.

Canada Trust v. Public Guardian and Trustee (2019), 2019 CarswellOnt 4061, 2019 ONSC 1768, J.A. Ramsay J. (Ont. S.C.J.).

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