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”
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
|
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