Estate trustees acting in litigation before the courts must be represented by a lawyer. 

Rule 15.01(1) of the Rules of Civil Procedure mandates that “A party to a proceeding who is under a disability or acts in a representative capacity shall be represented by a lawyer.” 

In Brun Del Re v. The Estate of Philip Thomas Buck, 2022 ONSC 6002, the respondent, Philip Buck, died. An Order to continue the proceeding against his estate was obtained. The deceased’s spouse obtained a Certificate of Appointment, and asked the court to allow her to continue the defence of the claim without a lawyer.

The court found that the estate trustee was acting in a representative capacity. As such, Rule 15.01(1) applied, and legal representation was required. The court held that there was no exception to the Rule, and the court was not permitted to allow a party to act without a lawyer. (Such an exception can be made where the party is  a corporation: the Rule allows the court to grant leave to allow a corporation to act without a lawyer.)

Similarly, an attorney acting under a Power of Attorney must also have a lawyer representing him or her. In Gagnon v. Pritchard, 2002 CanLII 49419 (ON SC), the court held that an attorney acting under a Power of Attorney must be represented by a lawyer, citing Rule 15.01.

Thank you for reading.

Paul Trudelle