Court Considers Duty To Assist Unrepresented Litigants

In Sae-Bin Im v BMO Investorline Inc., a self-represented litigant sought leave to discontinue his action per Rule 23.01(2) of the Rules of Civil Procedure on the grounds that he was under a disability. While the self-represented litigant had issued a notice of action within two years of when he says he discovered the claim, he did not serve the statement of claim within 30 days nor did he seek to extend the time to file a statement of claim. He decided to discontinue the action as he believed that commencing an application would be a more expeditious means to resolve his claim.  None of the defendants responded to the motion.

In deciding how to address the motion, Madam Justice Kristjanson considered a judge's obligations to self-represented litigants, noting that although a judge "cannot become an advocate, provide legal advice, advance new argument [...] or advise on strategy", judges do have a responsibility to ensure that self-represented persons are provided