Date: 20110216
Dockets: A-341-10
A-342-10
Citation: 2011 FCA
59
Present: NOËL J.A.
Docket:
A-341-10
BETWEEN:
EARL
BABICH
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
Docket: A-342-10
BETWEEN:
ABLE ENTERPRISES
LTD.
Appellant
and
HER MAJESTY
THE QUEEN
Respondent
Dealt with in writing without appearance
of parties.
Order
delivered at Ottawa, Ontario, on February 16, 2011.
REASONS
FOR ORDER BY: NOËL
J.A.
Date:
20110216
Dockets: A-341-10
A-342-10
Citation: 2011 FCA 59
Present: NOËL
J.A.
Docket:
A-341-10
BETWEEN:
EARL BABICH
Appellant
and
HER MAJESTY
THE QUEEN
Respondent
Docket: A-342-10
BETWEEN:
ABLE
ENTERPRISES LTD.
Appellant
and
HER MAJESTY
THE QUEEN
Respondent
REASONS FOR
ORDER
NOËL J.A.
[1]
I
am seized in file A-342-10 with a motion by the corporate appellant to
authorize Mr. Earl Babich to represent it as well as motions by the appellants
in both files A-342-10 and A-342-10 to settle the contents of the appeal book.
[2]
Dealing
with the first motion, the respondent opposes the order sought because the
evidence of impecuniosity is not sufficient and the appellant has not
demonstrated that this matter will proceed expeditiously.
[3]
Having
considered the evidence, I am satisfied that the appellant is unable to pay for
a lawyer and that accordingly alternative representation must be considered.
Although the absence of legal representation may result in procedural
complications, Mr. Babich is authorized as of right to act on his own behalf,
and it seems logical that he should also be authorized to act on behalf of the
corporate appellant. An order will be issued accordingly.
[4]
Turning
to the appeal book, the respondent proposes to include the pleadings, all the evidence
tendered by the parties, as well as all evidentiary and jurisdictional rulings
made by the Trial Judge. The respondent wishes to add a number of documents
which were not in evidence at trial.
[5]
I
am satisfied that there are no circumstances in this case which would justify a
departure from the generally accepted rule which is to restrict the contents of
the appeal book to the material that was before the Trial Judge. The appeal
book will accordingly be constituted by the documents proposed by the respondent
and listed at paragraph 2 of its respective motion records filed November 12,
2010.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-341-10
STYLE OF CAUSE: EARL
BABICH and HER MAJESTY THE QUEEN
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
DATED: February 16, 2011
WRITTEN
REPRESENTATIONS BY:
|
Earl Babich
|
FOR
THE APPELLANT
(SELF-REPRESENTED)
|
|
Raj Grewal
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
N/A
|
FOR
THE APPELLANT
(SELF-REPRESENTED)
|
|
MYLES J. KIRVAN
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-342-10
STYLE OF CAUSE: ABLE
ENTERPRISES LTD. and HER MAJESTY THE QUEEN
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël
J.A.
DATED: February
16, 2011
WRITTEN
REPRESENTATIONS BY:
|
Earl
Babich
|
FOR
THE APPELLANT
(SELF-REPRESENTED)
|
|
Raj
Grewal
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
N/A
|
FOR
THE APPELLANT
(SELF-REPRESENTED)
|
|
MYLES
J. KIRVAN
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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