1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency)
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1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court Decisions Date 2001-07-25 Neutral citation 2001 FCT 831 File numbers T-600-01 Decision Content 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 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 8th day of May, 2001 on behalf of the applicant, for: …
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1205273 Ontario Ltd. v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court Decisions Date 2001-07-25 Neutral citation 2001 FCT 831 File numbers T-600-01 Decision Content 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 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 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
Source: decisions.fct-cf.gc.ca