Federal Court Decisions

                                                                       

Date: 20010725

Docket: T-600-01

Neutral citation: 2001 FCT 831

Toronto, Ontario, Wednesday, the 25^th 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

                    REASONS FOR ORDER AND ORDER

[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 8^th 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