Bunkheti v. M.N.R., 2005 TCC 388

Docket: 2002-4080(EI)

BETWEEN:

DR. CHRIS KIFINDI BUNKHETI,

Appellant,

and

THE MINISTER OF NATIONAL REVENUE,

Respondent.

[OFFICIAL ENGLISH TRANSLATION]

____________________________________________________________________

Application heard on April 11, 2005, at Montréal, Quebec

Before: The Honourable Judge Paul Bédard

Appearances:

____________________________________________________________________

ORDER

          Upon application by counsel for the appellant for an order granting him leave to be removed as counsel of record in the instant appeal;

          And upon hearing what was alleged by the parties;

          The application is granted, in accordance with the attached Reasons for Order, and this appeal shall be set down for hearing on a date to be determined by the Court.

Signed at Ottawa, Canada, this 14th day of June 2005.

"Paul Bédard"

Translation certified true

on this 10th day of January 2006.

Garth M^cLeod, Translator

Citation: 2005TCC388

Date: 20050614

Docket: 2002-4080(EI)

BETWEEN:

DR. CHRIS KIFINDI BUNKHETI,

Appellant,

and

THE MINISTER OF NATIONAL REVENUE,

Respondent.

[OFFICIAL ENGLISH TRANSLATION]

REASONS FOR ORDER

Bédard J.

[1]    The application by counsel for the appellant to be removed as counsel of record was heard at Montréal, Quebec, on April 11, 2005.

[2]    At the very start of the hearing, counsel for the appellant informed the Court that the appellant was not present, despite the fact that he had informed him of the date and place of the hearing. Furthermore, the appellant had not communicated with his lawyer to inform him that he would be absent from the hearing or even to give him the reason for that absence.

[3]    Counsel for the appellant made an application to the Court for an order granting him leave to be removed as counsel of record in the instant case. The reasons he gave in support of his application were his client's lack of cooperation, trust and communication. He also brought it to the Court's attention that he could not manage the case or make any defence without his client's cooperation. He added that his numerous attempts to contact his client, by e-mail, telephone and other means, had been in vain.

[4]    For the above reasons, the Court grants the application.

[5]    Furthermore, the Court orders that this appeal be set down for hearing on a date to be determined by it.

Signed at Ottawa, Canada, this 14th day of June 2005.

"Paul Bédard"

Translation certified true

on this 10th day of January 2006.

Garth M^cLeod, Translator

CITATION:                                        2005TCC388

COURT FILE NO.:                             2002-4080(EI)

STYLE OF CAUSE:                           DR. CHRIS KIFINDI BUNKHETI AND M.N.R.

PLACE OF HEARING:                      Montréal, Quebec

DATE OF HEARING:                        April 11, 2005

REASONS FOR ORDER BY:            The Honourable Judge Paul Bédard

DATE OF ORDER:                            June 14, 2005

APPEARANCES:

COUNSEL OF RECORD:

       For the Appellant:

                   Name:                              Alexandre Bergevin

                   Firm:                                Boro, Polnicky, Lighter

                                                          Montréal, Quebec

       For the Respondent:                     John H. Sims, Q.C.

                                                          Deputy Attorney General of Canada

                                                          Ottawa, Ontario