Oommen v. Ramjohn, (2015) 593 A.R. 376

JudgeVeldhuis, J.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 13, 2015
Citations(2015), 593 A.R. 376;2015 ABCA 34

Oommen v. Ramjohn (2015), 593 A.R. 376; 637 W.A.C. 376 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JA.181

Paul Oommen, a litigation representative for Frederick Allan Chapman, Deceased (applicant) v. Errol Ramjohn (respondent/respondent) and Maintenance Enforcement Program (not a party to the application/not a party to the appeal)

(1403-0205-AC; 2015 ABCA 34)

Indexed As: Oommen v. Ramjohn

Alberta Court of Appeal

Veldhuis, J.A.

January 26, 2015.

Summary:

Oommen was a co-executor named in Chapman's will, which had not received a grant of probate or administration. Prior to his death, Chapman had obtained judgment in a civil action against Ramjohn. That judgment was still outstanding. Oommen was personally attempting to enforce that judgment on behalf of the estate without the assistance of counsel. He had also appointed himself the estate's litigation representative pursuant to rule 2.14 of the Rules of Court. In the Court of Queen's Bench, Oommen applied on behalf of the estate to review a prior order dealing with the distribution of garnished funds. Michalyshyn, J., dismissed that application and further held that Oommen did not have the ability to represent the estate in the Court of Queen's Bench. Oommen appealed the whole of that decision. He brought this application seeking the right to represent the estate in the Court of Appeal.

The Alberta Court of Appeal, per Veldhuis, J.A., dismissed Oommen's application to represent the estate.

Practice - Topic 30

Actions - Conduct of - General - Solicitors - Representation of parties - [See Practice - Topic 35 ].

Practice - Topic 35

Actions - Conduct of - General - Representation by non-lawyer - Oommen was a co-executor named in Chapman's will, which had not received a grant of probate or administration - Prior to his death, Chapman had obtained judgment in a civil action against Ramjohn - That judgment was still outstanding - Oommen was personally attempting to enforce that judgment on behalf of the estate without the assistance of counsel - He had also appointed himself the estate's litigation representative pursuant to rule 2.14 of the Rules of Court - In the Court of Queen's Bench, Oommen applied on behalf of the estate to review a prior order dealing with the distribution of garnished funds - Michalyshyn, J., dismissed that application and further held that Oommen did not have the ability to represent the estate in the Court of Queen's Bench - Oommen appealed the whole of that decision - He brought an application seeking the right to represent the estate in the Court of Appeal - The Alberta Court of Appeal, per Veldhuis, J.A., dismissed the application - An estate required representation to appear in court - Oommen was not entitled to appear in court on behalf of Chapman's estate - Oommen's self-appointment as litigation representative gave him the authority to direct the litigation or retain counsel, but not to appear in court.

Cases Noticed:

Stinson Estate v. British Columbia et al. (1999), 133 B.C.A.C. 15; 217 W.A.C. 15; 1999 BCCA 761, refd to. [para. 3].

Hislop et al. v. Canada (Attorney General), [2007] 1 S.C.R. 429; 358 N.R. 197; 222 O.A.C. 324; 2007 SCC 10, refd to. [para. 3].

Champagne v. Sidorsky (2012), 548 A.R. 10; 2012 ABQB 522, refd to. [para. 5].

Statutes Noticed:

Legal Profession Act, R.S.A. 2000, c. L-8, sect. 106(1) [para. 4].

Rules of Court (Alta.), rule 2.22 [para. 3].

Counsel:

Paul Oommen, the applicant, in person;

Errol Ramjohn, the respondent, in person (no appearance).

This application was heard on January 13, 2015, before Veldhuis, J.A., of the Alberta Court of Appeal, who delivered the following reasons for decision on January 26, 2015.

To continue reading

Request your trial
7 practice notes
  • 908077 Alberta Ltd. v. 1313608 Alberta Ltd.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 20 Gennaio 2015
    ...644036 Alberta Ltd. v. Morbank Financial Inc. et al., [2014] A.R. Uned. 820; 2014 ABQB 681, refd to. [para. 46]. Oommen v. Ramjohn (2015), 593 A.R. 376; 637 W.A.C. 376; 2015 ABCA 34, refd to. [para. Jin v. Ren et al., [2014] A.R. Uned. 278; 2014 ABQB 250, refd to. [para. 48]. Christie v. Br......
  • Floden (R.) Services Ltd. v. Solomon et al., [2015] A.R. TBEd. JL.075
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Maggio 2015
    ...corporations, must be represented by a lawyer: Lameman v Alberta , 2012 ABCA 59 at paras. 9, 35, 522 AR 140; Chapman Estate v Ramjohn , 2015 ABCA 34 at paras. 3-4; Legal Profession Act , RSA 2000, c. L-8, s 106. [14] I confirmed that Solomon was not permitted to represent the corporate Resp......
  • 908077 Alberta Ltd. v. 1313608 Alberta Ltd., [2015] A.R. Uned. 53
    • Canada
    • Court of Appeal (Alberta)
    • 23 Marzo 2015
    ...corporations, must be represented by a lawyer: Lameman v Alberta , 2012 ABCA 59 at paras. 9, 35, 522 AR 140; Chapman Estate v Ramjohn , 2015 ABCA 34 at paras. 3-4; Legal Profession Act , RSA 2000, c. L-8, s. 106. [3] It follows that the corporate appellant must retain counsel to represent i......
  • Zelman v. Taler Resources Inc. et al., 2016 ABCA 318
    • Canada
    • Court of Appeal (Alberta)
    • 18 Ottobre 2016
    ...Ltd. v. 1313608 Alberta Ltd. , 2015 ABCA 117, quoting with approval Lameman v. Alberta , 2012 ABCA 59 at paras. 9, 35; Oommen v. Ramjohn , 2015 ABCA 34 at paras. 3-4. [3] For these reasons, the application is granted. It is ordered that the appellants post the sum of $13,000.00 as security ......
  • Request a trial to view additional results
7 cases
  • 908077 Alberta Ltd. v. 1313608 Alberta Ltd.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 20 Gennaio 2015
    ...644036 Alberta Ltd. v. Morbank Financial Inc. et al., [2014] A.R. Uned. 820; 2014 ABQB 681, refd to. [para. 46]. Oommen v. Ramjohn (2015), 593 A.R. 376; 637 W.A.C. 376; 2015 ABCA 34, refd to. [para. Jin v. Ren et al., [2014] A.R. Uned. 278; 2014 ABQB 250, refd to. [para. 48]. Christie v. Br......
  • Floden (R.) Services Ltd. v. Solomon et al., [2015] A.R. TBEd. JL.075
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 13 Maggio 2015
    ...corporations, must be represented by a lawyer: Lameman v Alberta , 2012 ABCA 59 at paras. 9, 35, 522 AR 140; Chapman Estate v Ramjohn , 2015 ABCA 34 at paras. 3-4; Legal Profession Act , RSA 2000, c. L-8, s 106. [14] I confirmed that Solomon was not permitted to represent the corporate Resp......
  • 908077 Alberta Ltd. v. 1313608 Alberta Ltd., [2015] A.R. Uned. 53
    • Canada
    • Court of Appeal (Alberta)
    • 23 Marzo 2015
    ...corporations, must be represented by a lawyer: Lameman v Alberta , 2012 ABCA 59 at paras. 9, 35, 522 AR 140; Chapman Estate v Ramjohn , 2015 ABCA 34 at paras. 3-4; Legal Profession Act , RSA 2000, c. L-8, s. 106. [3] It follows that the corporate appellant must retain counsel to represent i......
  • Zelman v. Taler Resources Inc. et al., 2016 ABCA 318
    • Canada
    • Court of Appeal (Alberta)
    • 18 Ottobre 2016
    ...Ltd. v. 1313608 Alberta Ltd. , 2015 ABCA 117, quoting with approval Lameman v. Alberta , 2012 ABCA 59 at paras. 9, 35; Oommen v. Ramjohn , 2015 ABCA 34 at paras. 3-4. [3] For these reasons, the application is granted. It is ordered that the appellants post the sum of $13,000.00 as security ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT