Key Points:
- Main Dispute: Andre Lemay disputed a rental arrangement with Zen Residential Ltd., claiming $364,678 in overpaid rent and interest.
- Unauthorized Representation: The focus of the decision was on Andrew S. Botar, who acted as an unauthorized legal representative for Lemay. Botar referred to himself as Lemay's "MacKenzie Friend," which the court found misleading. He was engaged in the unauthorized practice of law, violating the Legal Profession Act.
- Previous Conduct: Botar had a history of abusive litigation, including numerous lawsuits against landlords, contempt of court, and attempts to manipulate court procedures (e.g., judge shopping and document forgery). He was subject to court access restrictions due to past misconduct.
- Court’s Actions:
- Botar was banned from participating in the case or any further legal representation.
- All documents filed by Botar were deemed improperly submitted and not valid before the court.
- Lemay was given until January 19, 2024, to submit a new Statement of Claim, or the case would be dismissed.
- Contempt: Botar’s actions were in contempt of court, as he had breached prior court orders restricting his communication and involvement with the Court of King’s Bench.
The court strongly advised Lemay to seek proper legal representation. No monetary award was specified.
