Date: 20000222
Docket: IMM-1652-99
BETWEEN:
MUHAMMAD SULTAN CHOUDHARY
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J.:
[1] On February 20, 2000, Mr. Ehrlich appeared in Court as agent for Ms. Angelina Marie Codina. The Court was informed by the Law Society of Upper Canada, on January 24, 2000, that Ms. Codina is under suspension and not entitled to practice law in Ontario. The suspension occurred last August and had not been appealed, nor had any stay of the suspension been sought.
[2] Mr. Ehrlich has been appearing as agent for Ms. Codina on a number of occasions since last August. On the last occasion that he did so, I instructed him not to come again as her agent, unless he brought a copy of a letter from the Law Society of Upper Canada saying that the Society approved of the practice he and Ms. Codina were following.
[3] My concerns are: a principal cannot endow an agent with authority the principal does not have; if Ms. Codina cannot herself practice law (including appearing in Court) how can she authorize an agent to do so on her behalf; the use of an "agent"in such circumstances seems to me to be a rather shameful attempt to circumvent the Law Society"s ruling; the client, of course, could hire Mr. Ehrlich directly, and establish a solicitor-client relationship directly with him.
[4] When I noticed that Mr. Ehrlich was again appearing as agent for Ms. Codina, I asked the Registry officer to inform both Ms. Codina and Mr. Ehrlich that I was not prepared to proceed with Mr. Ehrlich acting as Ms. Codina"s agent unless the Law Society approved that course of action. I asked that they provide me with a letter from the Law Society giving evidence of its approval.
[5] A copy of a letter from the Law Society was subsequently provided by Ms. Codina, stating that Mr. Ehrlich is a member of the Law Society, entitled to practice law. This has never been in doubt. The question about which I wish assurance is that the Law Society approves Ms. Codina"s hiring agents to act on her behalf before the courts, and approves solicitors acting as such. Similarly, I question Ms. Codina"s practice of sending her secretary to the Registry, or to Court, to act on her behalf.
[6] In the circumstances, this application will be adjourned so that Mr. Ehrlich may obtain the letter from the Law Society referred to above, or, alternatively, to allow the applicant to obtain new counsel. The adjournment will be for two months and, if there is no communication to this Court from the applicant within that time, this application will be treated as having been abandoned.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
February 22, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1652-99 |
| STYLE OF CAUSE: MUHAMMAD SULTAN CHOUDHARY |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| DATE OF HEARING: MONDAY, FEBRUARY 21, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: TUESDAY, FEBRUARY 22, 2000
APPEARANCES: Mr. Stanley Ehrlich
For the Applicant
Ms. Ann-Margaret Oberst
For the Respondent
| SOLICITORS OF RECORD: Codina & Pukitis |
Barristers & Solicitors
401 Bay Street
Suite 1606
Toronto, Ontario
M5H 2Y4
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
| FEDERAL COURT OF CANADA |
Date:20000222
Docket: IMM-1652-99
Between:
| MUHAMMAD SULTAN CHOUDHARY |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER