Canada (Attorney General) v. Trust Business Systems

Canada (Attorney General) v. Trust Business Systems
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-01-18
Neutral citation
2007 FCA 50
File numbers
A-278-05
Decision Content
Date: 20070118
Docket: A-278-05
Citation: 2007 FCA 50
Present: NADON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
TRUST BUSINESS SYSTEMS
Respondent
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on January 18, 2007.
REASONS FOR ORDER BY: NADON J.A.
Date: 20070118
Docket: A-278-05
Citation: 2007 FCA 50
Present: NADON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
TRUST BUSINESS SYSTEMS
Respondent
REASONS FOR ORDER
NADON J.A.
[1] This is a motion by the respondent for an Order granting it leave to be represented by Mr. Philip Weedon, a member of the respondent. I have carefully reviewed the affidavit filed by Mrs. Debra Lance and I am satisfied that it is proper, in the circumstances of this case, to grant the Order sought.
[2] The respondent also seeks an Order from this Court removing Gowling Lafleur Henderson as its solicitors of record. In that regard, I note that Mrs. Lance, in her capacity as President of the respondent, wrote a letter dated December 4, 2006 to Gowling Lafleur Henderson advising them that they were no longer the respondent’s solicitors in the present matter. Mrs. Lance’s letter reads, in part, as follows:
Based on our recent discussions this letter is to confirm that we are discharging Gowling Lafleur Henderson LLP as the solicitors for Trust Business Systems for Federal Court of Appeal File Number A-278-05, effective December 4, 2006, since Trust is not able to afford future legal counsel fees.
This is also to confirm that we will be submitting a motion made under Rule 120 to permit Trust to be represented by someone who is not a solicitor, namely Mr. Philip Weedon, who is member of Trust Business Systems.
Per our discussion and given that the factum and authorities have already been filed with the Court by Gowlings, we are confident that Mr. Weedon can handle the balance of the representation.
[3] In view of Rule 124, no Order of this Court is required to remove Gowling Lafleur Henderson from the record. I would therefore advise the respondent to comply with Rule 124 by serving and filing a notice in the proper form prior to the February 6, 2007 hearing. As Mr. Weedon has been authorized to act on behalf of the respondent, he is, as a result, the person who should sign the form.
“M. Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-278-05
STYLE OF CAUSE: A.G.C. v. TRUST BUSINESS SYSTEMS
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: January 18, 2007
WRITTEN REPRESENTATIONS BY:
Mr. Derek Rasmussen
FOR THE APPLICANT
Mrs. Debra Lance
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims Q.C.
Deputy Attorney General of Canada
FOR THE APPLICANT
Gowling Lafleur Henderson LLP
FOR THE RESPONDENT