Law360 Canada ( July 22, 2021, 5:44 AM EDT) -- Appeal by the defendants from a decision of a deputy judge adding the named defendant Kelava as a representative of the defendant Union in a wrongful dismissal action. Although the Rules of the Small Claims Court did not explicitly deal with representation orders, the deputy judge applied Rule 1.03(2) which gave the court discretion to refer to the Rules of Civil Procedure, if a matter was not adequately covered by the Small Claims Court Rules. The appellants argued that Rule 1.03(2) could only be applied to refer to the Rules of Civil Procedure if there was a gap as opposed to an omission in the Small Claims Court Rules. The appellants further argued that the Small Claims Court did not have the jurisdiction to hear actions by or against unincorporated associations. They relied on the absence of reference to unincorporated associations in the Small Claims Court Rules....