Date: 20000627
Docket: A-72-99
CORAM: LÉTOURNEAU, J.A.
EVANS, J.A.
SHARLOW, J.A.
BETWEEN:
ROLLS-ROYCE plc, ROLLS-ROYCE MOTOR CARS LIMITED,
and BENTLEY MOTORS LIMITED
Plaintiffs/Respondents
- and -
IAN D. FITZWILLIAM, ROLLS-ROYCE LIMITED,
ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED
Defendants/Appellants
Heard at Toronto, Ontario, on Tuesday, June 27, 2000
Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, June 27, 2000
REASONS FOR JUDGMENT OF THE COURT: LÉTOURNEAU J.A.
Date: 20000627
Docket: A-72-99
CORAM: LÉTOURNEAU, J.A.
EVANS, J.A.
SHARLOW, J.A.
BETWEEN:
ROLLS-ROYCE plc, ROLLS-ROYCE MOTOR CARS LIMITED,
and BENTLEY MOTORS LIMITED
Plaintiffs/Respondents
- and -
IAN D. FITZWILLIAM, ROLLS-ROYCE LIMITED,
ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED
Defendants/Appellants
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, June 27, 2000)
LÉTOURNEAU J.A.
| _. In our view, the Motions Judge erred when he concluded that Mr. Fitzwilliam as a lay person could not represent himself: see Rule 119 of the Federal Court Rules, 1998 which gives such right to a non-lawyer. Mr. Fitzwilliam who is now represented by counsel as a result of the Motions Judge"s order still has an interest in challenging that binding order and, therefore, the issue is not moot. In addition, we are informed that Mr. Fitzwilliam has filed amended pleadings on his own behalf. These pleadings are in contravention of the order as it stands because the order required that Mr. Fitzwilliam be represented by counsel and it authorized counsel thus retained to file the amended pleadings. |
| _. With these considerations in mind, having heard counsel, and in the unusual circumstances of this case, we are of the view that this appeal should be allowed with costs and that the corporate defendants should be given 30 days as of today to file through counsel an Amended statement of Defence and Counterclaim. |
"Gilles Létourneau"
J.A.
| _. FEDERAL COURT OF CANADA |
Names of Counsel and Solicitors of Record
| DOCKET: A-72-99 |
| STYLE OF CAUSE: ROLLS-ROYCE plc, ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED |
Plaintiffs/Respondents
| - and - |
| IAN D. FITZWILLIAM, ROLLS-ROYCE LIMITED, ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED |
Defendants/Appellants
DATE OF HEARING: TUESDAY, JUNE 27, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT BY: LÉTOURNEAU J.A. |
Delivered at Toronto, Ontario on Tuesday, June 27, 2000
APPEARANCES: Mr. Brian P. Isaac
| For the Plaintiffs/Respondents |
Ms. Nancy A. Miller and
| Mr. Chris Kvas |
| For the Defendants/Appellants |
| SOLICITORS OF RECORD: Smart & Biggar |
Barristers & Solicitors
55 Metcalfe Street, Suite 900
Ottawa, Ontario
K1P 5Y6
| For the Plaintiffs/Respondents |
| Kvas Miller Everitt |
| Barristers & Solicitors |
| 3300 Bloor Street West, Suite 3100 |
| Toronto, Ontario |
| M8X 2X3 |
| For the Defendants/Appellants |
FEDERAL COURT OF APPEAL
Date: 20000627
Docket: A-72-99
BETWEEN:
| ROLLS-ROYCE plc, ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED |
Plaintiffs/Respondents
| - and - |
| IAN D. FITZWILLIAM, ROLLS-ROYCE LIMITED, ROLLS-ROYCE MOTOR CARS LIMITED, and BENTLEY MOTORS LIMITED |
Defendants/Appellants
| REASONS FOR JUDGMENT |
| OF THE COURT |
| _. |