Coopers & Lybrand Ltd. v. M.N.R.
T-557-89
Giles A.S.P.
11/6/93
3 pp.
Ratification of unauthorized actions of agent -- Motion to strike and motion to substitute -- House counsel of named plaintiff authorized commencement of action to recover money from Crown at time when plaintiff's own officers entitled to do so -- When action commenced, chose in action vested by law in trustee in bankruptcy, unbeknownst to solicitor -- Only trustee could commence action with respect to assets of named plaintiff -- Application dismissed -- Solicitor commencing action as agent for plaintiff -- If solicitor lacking authority to commence action principal can by subsequent conduct ratify unauthorized actions of agent -- In instructing solicitor to seek to substitute name of trustee for name of bankrupt trustee ratifying actions of solicitor in commencing action and constituted relationship of principal and agent or solicitor and client retrospectively to date action commenced -- Motion to substitute trustee as plaintiff allowed -- Trustee not new party, but correction -- Even if new party, genuine mistake not misleading anyone as to who intended to sue.