Background:

• Parties:

  • GlycoBioSciences Inc. (Glyco) (Appellant)
  • MAGNA Pharmaceuticals Inc., Industria Farmaceutica Andromaco S.A., Montebello Packaging, Nadro S.A.P.I. (Respondents)

• Dispute: Related to contracts concerning the manufacture and distribution of a "Wound Gel" product. Contracts had arbitration/forum clauses not favoring Ontario.

• Legal Issue: Glyco's President, Mr. Drizen (a non-lawyer), sought leave to represent Glyco in court. The motion judge had denied this request, raising issues of financial uncertainty and concerns over Mr. Drizen's conduct in litigation.

Preliminary Issues:

1. Representation by a Non-Lawyer: Respondents objected to Mr. Drizen arguing on behalf of Glyco. The panel allowed it since the decision denying representation was still under review.

2. Fresh Evidence: Financial records were introduced to support claims of Glyco's financial status but were not directly reviewed by the motion judge.

Decision:

• Motion Denied: The court found no legal error or unreasonable result in the original motion judge’s decision.
• Reasoning: The judge correctly considered access to justice concerns, Glyco's uncertain financial standing, and Mr. Drizen’s problematic conduct.

Costs:

• Glyco was ordered to pay partial indemnity costs of $4,916.86 to each responding party.