D. & A.'s Pet Food N'More Ltd. v. Mr. P's & Mr. Pet's Ltd., 2005 FC 1370

Date: 20051006

Docket: T-1825-04

Citation: 2005 FC 1370

Vancouver, British Columbia, Thursday, the 6^th day of October, 2005

Present:           THE HONOURABLE MR. JUSTICE HARRINGTON                            

BETWEEN:

                                             D. & A.'S PET FOOD N' MORE LTD.

                                                                                                                                               Plaintiff

                                                                         - and -

                                                  MR. P's & MR. PET'S LTD. and

                                                                 GREG PENNO

                                                                                                                                         Defendants

                                            REASONS FOR ORDER AND ORDER

[1]                The Plaintiff has taken action against the Defendants for alleged breach of trade-mark. The Defendants, a corporation, and an individual alleged to be connected therewith, filed a Statement of Defence through counsel. Now the individual Defendant, Greg Penno, who is representing himself as is his right, has moved with the permission of Heather Penno, the sole director and shareholder of the Defendant corporation, to represent it, even though he is not a solicitor. The Plaintiff opposes.

[2]                Rule 120 of the Federal Courts Rules provides that a corporation shall be represented by a solicitor "unless the Court in special circumstances grants leave to it to be represented by an officer." There is no evidence that Greg Penno is an officer.

[3]                Leaving aside that hurdle, the reason submitted is that "the company is very small and cannot afford representation by counsel." The representations are not supported by affidavit. No financial information whatever has been submitted.

[4]                A corporation has a legal personality distinct from that of its officers, directors, shareholders and employees. A corporation offers great advantages in terms of the ability to limit personal liability and in tax planning. However, there is a price to pay. One of these prices is that this legal person, unlike an individual, must be represented by a solicitor in proceedings in this Court. No special circumstances have been advanced pursuant to Rule 120 which persuade me to deviate from that Rule. There are a number of cases on point including Source Services Corp. v. Source Personnel Inc. [1995] F.C.J. No. 1658 (QL).

                                                                       ORDER

THIS COURT ORDERS that the motion is dismissed, with costs.

(Sgd.) "Sean Harrington"

Judge               

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1825-04

STYLE OF CAUSE:                          D. & A.'S PET FOOD N' MORE LTD.

- and -

MR. P's & MR. PET'S LTD. and

GREG PENNO

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER AND ORDER:                           HARRINGTON J.

DATED:                                                                                   October 5, 2005

WRITTEN REPRESENTATIONS:

Mr. Craig A. Ash                                                                      FOR PLAINTIFF

Mr. Greg Penno                                                                        FOR DEFENDANTS

SOLICITORS OF RECORD:

Oyen Wiggs Green & Mutala LLP                                             FOR PLAINTIFF

Vancouver, BC

N\A                                                                                          FOR DEFENDANTS