Date: 20000210
Docket: T-2445-98
Ottawa, Ontario, this 10th day of February 2000
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
STERLING MACHINE WORKS INC.
Applicant
- and -
REVENUE CANADA WINNIPEG TAX SERVICES OFFICE
Respondent
REASONS FOR ORDER AND ORDER
PELLETIER J.
[1] This application for judicial review is set for hearing on February 16, 2000 at Winnipeg. In perusing the file in preparation for trial, it came to my attention that a corporate officer Mr. Sam Uskiw was representing the corporate applicant without having been given leave to do so pursuant to Rule 120 of the Federal Court Rules, 1998. I requested that Registry advise the applicant that I would not hear the matter unless an order were obtained under Rule 120 and gave leave for the application to be made to me pursuant to Rule 369. In my direction, I asked that the question of why the corporation could not retain counsel be addressed.
[2] I subsequently received a motion under Rule 369 seeking the appointment of another principal of the company as the company"s representative on the grounds that Mr. Sam Uskiw was out of the country. No reference was made to the circumstances of the company and its ability to retain counsel. The respondent takes no position with respect to the application.
[3] In the ordinary course, I would reject this application. There is no showing of special circumstances as required by Rule 120. The change in representatives at the last minute is not an inducement to grant the order sought.
[4] However, this matter is set to proceed in six days time. This deficiency ought to have been caught much earlier in the process. An application for an adjournment of this matter was refused by the Associate Chief Justice. For me to stand on the Rules at this time would not be in keeping with the admonition at Rule 3 that the Rules shall be interpreted to the "just, most expeditious and least expensive determination of every proceeding on its merits". I do not say this because allowing corporations to be represented by corporate officers is the "least expensive" alternative. Those who take advantage of corporate status must also suffer its disadvantages. I grant the order sought because no useful purpose would be served by forcing an adjournment of this matter at this stage when the problem ought to have been addressed earlier.
[5] For that reason, there will be an order permitting the applicant to be represented by Mr. Barry Uskiw.
ORDER
The Applicant Sterling Machine Works is hereby granted leave to be represented by its officer, Mr. Barry Uskiw but only for the purpose of the hearing of the application for judicial review scheduled for February 16, 2000.
"J.D. Denis Pelletier"
Judge
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