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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-08-2013, 12:33 PM
anxious anxious is offline
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Default Can a friend represent me if I have to self represent

An acquaintance of mine has asked me a question that I don't have an answer for. Her X has dragged this matter on and on. He still hasn't provided disclosure and is in breach of 5 orders. The judge does nothing. Her legal bills have run her into debt. She's run out of money and is going to have to self represent from this point on. She's not only scared to death, but she doesn't have the presence to argue her positions in court. She wants to know if she can have someone else who she has confidence in to be appointed to make the presentations in court on her behalf.

Does anyone have any knowledge in this area?
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Old 07-08-2013, 12:47 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
REPRESENTATION FOR A PARTY

4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).
Citation - CanLII - Family Law Rules, O Reg 114/99

Please note, in advance means before the day of the appearance. Call the trial coordinator to discuss local procedure for this (a procedural motion or basket motion may be required, or simply a nod from the trial coordinator).

You may find the following case useful:
CanLII - 2002 CanLII 2862 (ON SC)

You may also wish to distinguish your acquaintance's situation from this case:
CanLII - 2006 CanLII 10525 (ON SC)
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Old 07-08-2013, 01:05 PM
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Tayken Tayken is offline
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"Competence has not been demonstrated and the applying agent has not shown how the court can be assured that he is governed by an accountable person or authority."

Always loved that quote from Justice Rogers... Not that I don't disagree but, I know that there are many disgruntled citizens of Ontario that raise the same question regarding the Law Society of Upper Canada and other self regulating "professions" in the MUSH market. (Including the Children's Aid Society and the various self-regulating professional medical colleges.) As they are only governed by the "accountable person or authorities" which compose these organizations.

I would be more supportive of "self-regulating" professional bodies if their complaints process was fully transparent and published in a similar fashion as our public court records and system of case law...

Good Luck!
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Old 10-14-2013, 02:00 PM
metro metro is offline
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I have the same issue for trial. I have been self-rep after my aggressive self-rep ex drained my finance. My ex breached many court orders but somehow my lawyer did not advice me to bring contempt motion then.he brought 3 motions served over 200pages of affidavits and exhibits for my lawyer to read, and numerous e-mails.

Since English is not my first language(i can read and write pretty well, but not for oral communication), i asked the judge for an interpreter at trial, but the judge was not very pleased since it will extends time and complicate the flow at trial and i am not sure it would benefit me.

I also heard that Superior family court does not permit a non-lawyer agent-friend to represent , but want to confirm it is true if anyone has any information. Thanks in advance.
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