Date: 20060315

Docket: T-278-06

Citation: 2006 FC 344

Montréal, Quebec, March 15, 2006

PRESENT: RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

PARFUMS CHRISTIAN DIOR, SOCIÉTÉ ANONYME

and

PARFUMS CHRISTIAN DIOR CANADA INC.

Plaintiffs

and

SABRINA MANSOUR carrying on business as

SPA DIOR and SPA DI’OR

and

SPADI’OR INC.

Defendants

            Motion by Sabrina Mansour for an order authorizing her to represent co‑defendant SPADI’OR INC.

[Rule 120 of the Federal Court Rules]

REASONS FOR ORDER AND ORDER

[1]               This is a motion by the president and sole shareholder of co-defendant SPADI’OR Inc. to be granted leave to represent that corporation.

[2]               Ms. Mansour’s motion is based on Rule 120 of the Federal Courts Rules. The rule reads as follows:

[3]               Definite evidence must be submitted in connection with such a motion. In S.A.R. Group Relocation Inc. et al. v. Canada (Attorney General) (2002), 289 N.R. 163, at page 164, the Federal Court of Appeal noted the following:

For the court to make such an order in these circumstances it must be satisfied that the corporations are truly unable to pay for a lawyer and that the person sought to be allowed to represent them has indeed been authorized by the corporations to represent them. (Source Services Corp. v. Source Personal Inc. (1995), 105 F.T.R. 42 (T.D.); NsC Diesel Power Inc. (Bankrupt), Re (1995), 96 F.T.R. 161 (T.D.)). There is no clear evidence here on either point. Further, it is relevant to consider whether the proposed representative would also be a witness, as counsel cannot appear in cases where they are witnesses. (See Kobetek Systems Ltd. v. Canada, [1998] F.T.R. Uned. 9; [1998] 1 C.T.C. 308).

(Emphasis added.)

[4]               The evidence in this case is far from meeting these evidentiary requirements. Essentially, all that Ms. Mansour said in her affidavit, through short allegations unsupported by the requisite documentary and financial evidence, was that the corporation SPADI’OR Inc. is unable to pay for a lawyer. This is not sufficient to meet the evidentiary requirement.

[5]               It is also clear that Ms. Mansour will be acting as a key witness in her own defence as well as that of the co-defendant corporation.

[6]               For all these reasons, this motion is dismissed, costs in the cause.

[7]               Furthermore, as discussed during the hearing on March 13, 2006, to advance this file as expeditiously as possible, the parties shall respect the following schedule:

1.         Sabrina Mansour shall serve and file her defence on or before April 5, 2006.

2.         On or before April 5, 2006, co-defendant SPADI’OR Inc. shall appoint a solicitor as solicitor of record, who shall, by the same date, provide the Registry of this Court and counsel for the plaintiff with his or her address and telephone number(s). Within twenty (20) days following this notice, SPADI’OR Inc. shall serve and file its defence.

3.         The computation of the time limit for filing the plaintiff’s reply shall begin when the defence of SPADI’OR Inc. has been served.

“Richard Morneau”

Certified true translation

Francie Gow

DOCKET:                                                         T-278-06

STYLE OF CAUSE:                                         PARFUMS CHRISTIAN DIOR, SOCIÉTÉ ANONYME

                                                                           and

                                                                           PARFUMS CHRISTIAN DIOR CANADA INC.

                                                                           and

                                                                           SABRINA MANSOUR carrying on business as SPA DIOR and SPA DI=OR and

                                                                           SPADI=OR INC.

PLACE OF HEALING:                                    Montréal, Quebec

DATE OF HEARING:                                     March 13, 2006

REASONS FOR ORDER:                              RICHARD MORNEAU, PROTHONOTARY

DATED:                                                            March 15, 2006

APPEARANCES:

France Lessard                                                    FOR THE PLAINTIFFS

Sabrina Mansour                                                 FOR THE DEFENDANTS

SOLICITORS OF RECORD:

Léger Robic Richard, LLP                                   FOR THE PLAINTIFFS

Montréal, Quebec