Marginal note:Parties under legal disability or acting in representative capacity
121. Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.
- SOR/2002-417, s. 13;
- SOR/2007-301, s. 5.
Marginal note:Rights and obligations of party acting in person
122. Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.
Solicitor of Record
Marginal note:Deemed solicitor of record
123. Where a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.
Marginal note:Notice of change or removal of solicitor
124. A party may change or remove its solicitor of record or appoint a solicitor of record by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.
Marginal note:Motion for removal of solicitor of record
125. (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.
Marginal note:Manner of service
(2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor
(a) by personal service; or
(b) where personal service cannot practicably be effected,
(i) by mailing the notice of motion to the party at the party's last known address, or
(ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.
Marginal note:Order to be served
(3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.
Marginal note:Proof of service
(4) An order under subsection (1) does not take effect until proof of its service has been filed.
Marginal note:Solicitor of record ceasing to act
126. A party is deemed not to be represented by a solicitor if the party does not appoint a new solicitor after its solicitor of record
(a) dies; or
(b) ceases to act for the party because of
(i) appointment to a public office incompatible with the solicitor's profession,
(ii) suspension or disbarment as a solicitor, or
(iii) an order made under rule 125.
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