Date: 20010725
Docket: T-600-01
Neutral citation: 2001 FCT 831
Toronto, Ontario, Wednesday, the 25th day of July, 2001
PRESENT: Peter A. K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
[1] Before an order allowing an officer to represent a corporation will be made there has to be evidence supported by financial statements that a corporate party cannot pay counsel. There must also be evidence that the directors and shareholders cannot afford to retain counsel for the company. In addition, a corporate resolution authorizing the officer should have been submitted.
[2] The request for leave for an officer to represent this corporation is denied. However, an officer having represented the corporation by making submissions replying to the respondent's motion and submitting a further motion, I am enabled to deal with those motions, that is the motion to strike, the motion to strike the application and the motion to strike the respondent's reply. I have decided to strike the application and there therefore is no need to extend the time to file the applicant's affidavits and documentary exhibits.
ORDER
UPON motion, dated the 8th day of May, 2001 on behalf of the applicant, for:
1. Leave of the Court for William McNiven, a director of the applicant, 1205273 ONTARIO LIMITED, to represent the applicant.
2. Extension of time to file the applicant's affidavit and documentary exhibits.
IT IS ORDERED THAT:
This motion is dismissed in its entirety.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 25, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-600-01
STYLE OF CAUSE: 1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE AGENCY
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: WEDNESDAY, JULY 25, 2001
WRITTEN SUBMISSIONS BY: Ms. Panorea Katapodis
For the Applicant
Ms. Suzanne M. Bruce
For the Respondent
SOLICITORS OF RECORD: 1205273 Ontario Limited
1698 Queen Street East
Toronto, Ontario
M4L 1G6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010725
Docket: T-600-01
Between:
1205273 ONTARIO LIMITED
Applicant
- and -
CANADA CUSTOMS AND REVENUE
AGENCY
Respondent
REASONS FOR ORDER
AND ORDER