Marginal note:Appointment of representatives
115. (1) The Court may appoint one or more persons to represent
(a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or
(b) a person under a legal disability against or by whom a proceeding is brought.
Marginal note:Who may be appointed
(2) The Court may appoint as a representative under subsection (1)
(a) a person who has already been appointed as such a representative under the laws of a province; or
(b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled.
Marginal note:Order binding on represented person
(3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.
Transmission of Interest
Marginal note:Proceeding not to terminate
116. A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.
Marginal note:Assignment, transmission or devolution of interest or liability
117. (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding.
Marginal note:Objection to person continuing
(2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party.
Marginal note:Court may give directions
(3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.
Marginal note:Failure to continue
118. Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.
Representation of Parties
119. Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.
Marginal note:Corporations or unincorporated associations
120. A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.
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