Date: 20130426
Docket: A-85-13
Citation: 2013 FCA 113
Present: NADON J.A.
BETWEEN:
1443900 ONT. INC.
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on April 26, 2013.
REASONS FOR ORDER BY: NADON J.A.
Date: 20130426
Docket: A-85-13
Citation: 2013 FCA 113
Present: NADON J.A.
BETWEEN:
1443900 ONT. INC.
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
NADON J.A.
[1] The appellant company seeks an Order allowing it, pursuant to Rule 120 of the Federal Courts Rules, to be represented by an officer, partner or member as the case may be.
[2] Unfortunately, there is no basis for me to grant such a motion.
[3] This Court’s case law is clear to the effect that in order to succeed under Rule 120 a corporation must, inter alia, demonstrate that it cannot afford to pay for a lawyer. (See our decisions in El Mocambo Rocks Inc. v. Society of Composers, Authors and Music Publishers of Canada (SOCAN), 2012 FCA 98 at para. 3; S. A.R. Group Relocation Inc. and Susan A. Ryan Real Estate Ltd. v. AGC, 2002 FCA 99 at para. 2 and TPG Technology Consulting Ltd. v. Her Majesty the Queen, 2011 FCA 345 at para. 9). There being no evidence adduced by the applicant on the point, I have no choice but to dismiss its motion.
“M. Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-85-13
STYLE OF CAUSE: 1443900 ONT. INC. v. HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: April 26, 2013
WRITTEN REPRESENTATIONS BY:
|
Zadek Ramowski |
FOR THE APPELLANT
|
|
Caroline Ebata |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Zadek Ramowski Chelsea, Quebec
|
FOR THE APPELLANT
|
|
William F. Pentney Deputy Attorney General of Canada |
FOR THE RESPONDENT
|