Glycobiosciences Inc. v. Magna Pharmaceuticals Inc.
GLYCOBIOSCIENCES INC.
Law Firm / Organization
GlycoBioSciences Inc.
Lawyer(s)

Kevin Drizen

MAGNA PHARMACEUTICALS INC.
Law Firm / Organization
Lenczner Slaght LLP
ROBERT VAN
Law Firm / Organization
Lenczner Slaght LLP

Key Points:

  • Representation Issue: Kevin Drizen seeks court permission to represent Glycobiosciences Inc. as a non-lawyer under Rule 15.01(2) of the Rules of Civil Procedure.
  • Application Context: Drizen's application is for leave to represent Glycobiosciences in a different lawsuit (CV-23-197) against the same defendants.

Court Findings:

  • Procedure Error: The court found Drizen should have sought leave through an interlocutory motion within action CV-23-197, not a new application.
  • Abuse of Process: The court agreed with Respondents that Drizen’s new application was an attempt to circumvent a recent adverse ruling from the Court of Appeal denying him leave to represent Glycobiosciences.
  • Legal Framework: The decision referenced Glycobiosciences Inc. v. Industria Farmaceutica Andromaco, S.A., de C.V. (2024 ONCA 481), which outlines the exceptional nature of granting leave to non-lawyers.

Conclusion:

  • Application Dismissed: The court dismissed Drizen's application to represent Glycobiosciences as a non-lawyer.
  • Costs: The court awarded substantial indemnity costs of $17,500 to the Respondents, payable by Glycobiosciences by August 29, 2024. The decision was influenced by Drizen's misuse of court procedures and the frivolous nature of the application.

Order Highlights:

  • Dismissal without Prejudice: Drizen can still bring a proper motion in action CV-23-197.
  • Costs Payable: Glycobiosciences must pay the awarded costs by the specified date.
  • Further Order Details: Respondents’ counsel can draft the order without needing Drizen's approval.

 

Superior Court of Justice - Ontario
CV-24-00000097-0000
Intellectual property
$ 17,500
Respondent