RULE 15 REPRESENTATION BY SOLICITOR
WHERE SOLICITOR IS REQUIRED
15.01 (1) A party to a proceeding who is under disability or acts in a representative capacity shall be represented by a solicitor. R.R.O. 1990, Reg. 194, r. 15.01 (1).
(2) A party to a proceeding that is a corporation shall be represented by a solicitor, except with leave of the court. R.R.O. 1990, Reg. 194, r. 15.01 (2).
(3) Any other party to a proceeding may act in person or be represented by a solicitor. R.R.O. 1990, Reg. 194, r. 15.01 (3).
NOTICE OF AUTHORITY TO COMMENCE PROCEEDING
Request for Notice by Solicitor
15.02 (1) A person who is served with an originating process may deliver a request that the solicitor who is named in the originating process as the solicitor for the plaintiff or applicant deliver a notice declaring whether he or she commenced or authorized the commencement of the proceeding or whether his or her client authorized the commencement of the proceeding. O. Reg. 427/01, s. 9.
Power of Court
(2) If the solicitor fails to deliver a notice in accordance with the request, the court may,
(a) order the solicitor to do so;
(c) order the solicitor to pay the costs of the proceeding. O. Reg. 427/01, s. 9.
Proceeding Commenced without Solicitor’s Authority
(3) If the solicitor declares that he or she did not commence or authorize the commencement of the proceeding, the court may, on motion without notice, stay or dismiss the proceeding. O. Reg. 427/01, s. 9.
Proceeding Commenced without Client’s Authority
(4) If a solicitor has commenced a proceeding without the authority of his or her client, the court may, on motion, stay or dismiss the proceeding and order the solicitor to pay the costs of the proceeding. O. Reg. 427/01, s. 9.
Effect of Stay
(5) If a proceeding is stayed under this rule, no further step may be taken without leave of the court. O. Reg. 427/01, s. 9.
CHANGE IN REPRESENTATION BY PARTY
Notice of Change of Solicitor
15.03 (1) A party who has a solicitor of record may change the solicitor of record by serving on the solicitor and every other party and filing, with proof of service, a notice of change of solicitor (Form 15A) giving the name, address and telephone number of the new solicitor. R.R.O. 1990, Reg. 194, r. 15.03 (1).
Notice of Appointment of Solicitor
(2) A party acting in person may appoint a solicitor of record by serving on every other party and filing, with proof of service, a notice of appointment of solicitor (Form 15B) giving the name, address and telephone number of the solicitor of record. R.R.O. 1990, Reg. 194, r. 15.03 (2).
Notice of Intention to Act in Person
(3) Subject to subrule 15.01 (1) or (2), a party who has a solicitor of record may elect to act in person by serving on the solicitor and every other party and filing, with proof of service, a notice of intention to act in person (Form 15C) that sets out the party’s address for service and telephone number. R.R.O. 1990, Reg. 194, r. 15.03 (3).
Claim for Solicitor’s Lien
(4) A party may move, on notice to the party’s former solicitor of record, for an order determining whether and to what extent the solicitor has a right to a solicitor’s lien. O. Reg. 377/95, s. 3.
(5) In the order, the court may impose such terms as are just in connection with the lien and its discharge. O. Reg. 377/95, s. 3.
MOTION BY SOLICITOR FOR REMOVAL AS SOLICITOR OF RECORD
Client to be Served
15.04 (1) A solicitor may move, on notice to his or her client, for an order removing him or her as solicitor of record. R.R.O. 1990, Reg. 194, r. 15.04 (1).
(2) Service of a notice of motion for the removal of a solicitor from the record and service of the order shall be made on the client personally or by an alternative to personal service under rule 16.03 or by mailing a copy to the client at the client’s last known address. R.R.O. 1990, Reg. 194, r. 15.04 (2).
Party under Disability
(3) Where the party for whom the solicitor is acting is under disability, the notice of motion and the order shall also be served on the litigation guardian and,
(a) where the party is a minor, on the Children’s Lawyer; and
(b) in any other case, on the Public Guardian and Trustee. R.R.O. 1990, Reg. 194, r. 15.04 (3); O. Reg. 69/95, ss. 18-20.
Contents of Order
(4) The order removing a solicitor from the record shall include,
(a) the client’s last known address, or the address for service if different;
(b) the client’s telephone number and fax number, if any, unless the court orders otherwise; and
(c) if the client is a corporation, the text of subrules (6) and (7). O. Reg. 288/99, s. 11.
Proof of Service of Order to be Filed
(5) Proof of service of the order shall be filed forthwith after it is served. R.R.O. 1990, Reg. 194, r. 15.04 (5).
Corporations
(6) A client that is a corporation shall, within 30 days after being served with the order removing the solicitor from the record,
(a) appoint a new solicitor of record by serving a notice under subrule 15.03 (2); or
(b) obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a solicitor. O. Reg. 739/94, s. 1 (2); O. Reg. 536/96, s. 1.
(7) If the corporation fails to comply with subrule (6),
(a) the court may dismiss its proceeding or strike out its defence; and
(b) in an appeal,
(i) a judge of the appellate court may, on motion, dismiss the corporation’s appeal, or
(ii) the court hearing the appeal may deny it the right to be heard. O. Reg. 171/98, s. 1.
DUTY OF SOLICITOR OF RECORD
15.05 A solicitor of record shall act as and remains the solicitor of record for his or her client until,
(a) the client delivers a notice under rule 15.03; or
(b) an order removing the solicitor from the record has been entered, served on the client and every other party and, where required by subrule 15.04 (3), in accordance with that subrule, and filed with proof of service. R.R.O. 1990, Reg. 194, r. 15.05.
WHERE A SOLICITOR OF RECORD HAS CEASED TO PRACTISE
15.06 Where the solicitor of record for a party has ceased to practise law, and the party for whom the solicitor acted has not served a notice under rule 15.03, any other party may serve a document on the party by mailing a copy to the party at the party’s last known address, or may move for directions. R.R.O. 1990, Reg. 194, r. 15.06.
Note: On January 1, 2005, Rule 15 is amended by adding the following rule:
LAWYER FROM ANOTHER PROVINCE
15.07 If a lawyer from another province practises law in Ontario and represents a party to a proceeding, as authorized under the by-laws of the Law Society of Upper Canada, any party to the proceeding may move for directions for the conduct of the proceeding. O. Reg. 132/04, s. 4.
See: O. Reg. 132/04, ss. 4, 25 (1).
SERVICE
RULE 16 SERVICE OF DOCUMENTS
GENERAL RULES FOR MANNER OF SERVICE
Originating Process