The lawsuit's potential complexity and financial implications required professional legal guidance
The Ontario Superior Court of Justice refused to allow the plaintiff to act on behalf of an estate in a medical negligence lawsuit without a lawyer, upholding the requirement that estates must be represented by legal counsel.
Jennifer Scarangella initiated the lawsuit after the death of her partner, who passed away in 2021. He was transported by ambulance to Oakville Trafalgar Memorial Hospital and admitted to intensive care. He remained in the hospital until he passed away.
Scarangella brought a medical malpractice claim on behalf of herself under the Family Law Act (FLA) and as the estate's representative. However, she sought to proceed without a lawyer, despite not being a lawyer herself. The defendants argued that Rule 15.01(1) mandates that estates must be represented by legal counsel.
The Superior Court noted that Scarangella had made some attempts to retain legal counsel, including contacting the Law Society of Ontario for referrals, but could not secure a lawyer for the estate. However, the court found no evidence that she had exhausted all options to retain counsel. Additionally, Scarangella did not demonstrate financial incapacity to hire a lawyer, stating she could afford representation, which diminished the access to justice argument she presented.
In its decision, the court referenced previous cases where the rule requiring legal representation for estates was relaxed under specific circumstances. However, the court distinguished Scarangella’s case from those precedents, noting that the defendants had promptly raised the issue, and the lawsuit’s potential complexity and financial implications necessitated professional legal guidance. The court also raised concerns about the risk to estate beneficiaries, as the case could lead to significant costs if unsuccessful.
Ultimately, the court ruled that Scarangella had not exhausted all reasonable means to retain counsel for the estate. While she may continue to represent herself in her personal FLA claim, the court ordered that the estate must be represented by a lawyer.
