Legal Blog

Evidence and Self-Represented Litigant

Equifax Canada Co. v. Oh, 2026 ONCA 76

The plaintiff obtained summary judgment against the defendant, who sought to appeal but failed to meet several procedural deadlines while acting without counsel. The defendant brought a motion seeking transcripts of the summary judgment proceedings and additional time to perfect the appeal. The court concluded that transcripts were necessary because the motion judge permitted the defendant to rely on unsworn materials and oral submissions that were treated as evidence, making it impossible to assess the record without transcripts. To ensure a fair and intelligible appeal, the court granted the requested orders and extended the perfection deadline, leaving issues of admissibility and costs to be determined by the appeal panel. The court noted: “When a self-represented litigant who is making submissions begins to make statements that are more like evidence, the litigant should be sworn in and put in the witness box after being cautioned that the litigant will be subject to immediate cross-examination by opposing counsel or opposing litigant if self-represented on any factual statements made.”

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.