Croisières Louisiane Inc. v. Pioneer Princess Iv (The), docket T-3044-92

     T-3044-92

MONTRÉAL, QUEBEC, THIS 21st DAY OF OCTOBER 1997

PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY

BETWEEN:

     CROISIÈRES LOUISIANE INC.,

     Plaintiff-

     Defendant by counterclaim,

     AND

     THE VESSEL "PIONEER PRINCESS IV"

     and

     NATIONAL BANK LEASING INC.,

     Defendant-

     Plaintiff by counterclaim.

     O R D E R

     This motion is allowed in part only.

     Accordingly, the main remedy sought by the plaintiff, that it be granted leave to be represented by an officer of the corporation, is denied.

     However, its alternative remedy is allowed, and accordingly the plaintiff will have until November 21, 1997, to retain new counsel.

     No order as to costs.

                                 Richard Morneau

                                 Prothonotary

Certified true translation

C. Delon, LL.L.

     T-3044-92

BETWEEN:

     CROISIÈRES LOUISIANE INC.,

     Plaintiff-

     Defendant by counterclaim,

     AND

     THE VESSEL "PIONEER PRINCESS IV"

     and

     NATIONAL BANK LEASING INC.,

     Defendant-

     Plaintiff by counterclaim.

     REASONS FOR ORDER

RICHARD MORNEAU, ESQ.,

PROTHONOTARY:

     This is a motion by the plaintiff-defendant by counterclaim (the "plaintiff") under subsection 300(2) of the Federal Court Rules (the "Rules") seeking leave to be represented by an officer of the corporation.

     In the alternative, the plaintiff is seeking thirty days to retain new counsel.

     Subsection 300(2) of the Rules reads as follows:

Rule 300. (2) A corporation shall be represented by a solicitor in all proceedings in the Court, unless the Court, in special circumstances, grants leave to the corporation to be represented by an officer of the corporation.

     There must therefore be special circumstances before the Court in order for it to accede to such a request.

     Unfortunately for the plaintiff and the officer it instructed to present this motion, I cannot find that the affidavit evidence in support of the motion discloses such a fact situation as could be characterized as a special circumstance.

     Referring to either of the plaintiff's affidavits of October 6 and October 10, 1997, there is nothing, or virtually nothing, in those affidavits to indicate, inter alia, that the plaintiff's financial situation is such that it would be virtually impossible to contemplate retaining counsel for the conduct of this matter.

     At the hearing on October 6, 1997, the Court attempted, while still remaining impartial, to guide the plaintiff toward the need for such evidence to be produced. Unfortunately, as noted earlier, there is still no such evidence.

     I therefore have no choice but to deny the plaintiff's main remedy, that it be granted leave to be represented by an officer of the corporation.

     However, I allow its alternative remedy, and accordingly the plaintiff will have until November 21, 1997, to retain new counsel. At the hearing, the plaintiff was reminded that four successive solicitors had already acted for it in this matter and that it was to be hoped that the next solicitor would have a chance to move ahead with the plaintiff's action in a reasonable and steady manner.

                                 Richard Morneau

                                 Prothonotary

Certified true translation

C. Delon, LL.L.

     Federal Court of Canada

    

             Court file No. T-3044-92

between

     CROISIÈRES LOUISIANE INC.,

     Plaintiff-

     Defendant by counterclaim,

     " and "

     THE VESSEL "PIONEER PRINCESS IV"

     and

     NATIONAL BANK LEASING INC.,

     Defendant-

     Plaintiff by counterclaim.

    

     REASONS FOR ORDER

    

---

FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO:      T-3044-92

STYLE OF CAUSE:      CROISIÈRES LOUISIANE INC.,

Plaintiff-

Defendant by counterclaim,

AND

THE VESSEL "PIONEER PRINCESS IV"

and

NATIONAL BANK LEASING INC.,

Defendant-

Plaintiff by counterclaim.

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      October 20, 1997

REASONS FOR ORDER BY:      Richard Morneau, Esq., Prothonotary

DATE OF REASONS FOR ORDER:      October 21, 1997

APPEARANCES:

Jean-Guy Beaudoin          representing the Plaintiff-

defendant by counterclaim

Caroline Jacques          for the Defendant-

plaintiff by counterclaim

SOLICITORS OF RECORD:

Caroline Jacques          For the Defendant-

Sproule, Castonguay, Pollack          plaintiff by counterclaim

Montréal, Quebec