Justice Marion Cohen describes the challenges facing judges in family court matters
involving unrepresented parties:
The work of judges outside, as well as inside the courtroom, is almost always more time - consuming in proceedings
involving unrepresented parties than in ones in which everyone has a lawyer — and the difficulties judges face are compounded if one or more of the parties is also dealing with mental health or other challenges.
At the conclusion of the «in court» part of a trial or a sentencing process
involving unrepresented litigants, the presiding judge takes on additional responsibilities.
The Ontario Court of Appeal held that the ability to appoint amicus curiae is part of the inherent jurisdiction of the court, and judges must must be able to secure the appropriate assistance so that serious criminal cases
involving an unrepresented accused can still proceed.
Using those criteria, the number of cases
involving unrepresented parties was four in 2004 with three of them brought by people with counsel.
In any transaction which
involves an unrepresented party, if the licensee does not intend to act in an agency relationship, it is very important for that licensee to confirm with that party that he or she is being treated as a customer, not a client.
Not exact matches
The dispute in Wright
involved two
unrepresented businessmen who had a falling out after years of successful collaboration.
Acting for a petroleum company in which the issue is the right of an
unrepresented and absent respondent to lodge an appeal against an arbitral award at the point of enforcement and
involves a subject sum of USD 93,720,000.
This
unrepresented personal injury claimant was a passenger
involved in a car accident for which fault was admitted.
One can understand the frustration of judges when bundles are badly prepared / late / missing, but save in the most affluent of cases the preparation of bundles will often be onerous and time - consuming particularly in cases
involving litigants in person (where the respondent, if legally represented, now has to prepare the bundle if the applicant is
unrepresented).
7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal
involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an
unrepresented appellant has difficulty communicating in writing or in English).
Similarly, the attorneys at Papa & Roberts, PLLC may determine a particular case is not suitable to have only one attorney
involved and may choose to end the firm's representation if the
unrepresented party continues not to seek independent counsel.
More than fifty percent of all cases in the Family Division have been reported as
involving at least one
unrepresented party.