Date: 20070118
Docket: A-278-05
Citation: 2007 FCA
50
Present: NADON J.A.
BETWEEN:
THE
ATTORNEY GENERAL OF CANADA
Applicant
and
TRUST
BUSINESS SYSTEMS
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on January 18, 2007.
REASONS
FOR ORDER BY: NADON
J.A.
Date: 20070118
Docket: A-278-05
Citation: 2007 FCA 50
Present: NADON
J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
TRUST BUSINESS SYSTEMS
Respondent
REASONS FOR ORDER
NADON J.A.
[1]
This is a
motion by the respondent for an Order granting it leave to be represented by
Mr. Philip Weedon, a member of the respondent. I have carefully reviewed the
affidavit filed by Mrs. Debra Lance and I am satisfied that it is proper, in
the circumstances of this case, to grant the Order sought.
[2]
The
respondent also seeks an Order from this Court removing Gowling Lafleur
Henderson as its solicitors of record. In that regard, I note that Mrs. Lance,
in her capacity as President of the respondent, wrote a letter dated December
4, 2006 to Gowling Lafleur Henderson advising them that they were no longer the
respondent’s solicitors in the present matter. Mrs. Lance’s letter reads, in
part, as follows:
Based on our recent
discussions this letter is to confirm that we are discharging Gowling Lafleur
Henderson LLP as the solicitors for Trust Business Systems for Federal Court of
Appeal File Number A-278-05, effective December 4, 2006, since Trust is not
able to afford future legal counsel fees.
This is also to confirm
that we will be submitting a motion made under Rule 120 to permit Trust to be
represented by someone who is not a solicitor, namely Mr. Philip Weedon, who is
member of Trust Business Systems.
Per our discussion and
given that the factum and authorities have already been filed with the Court by
Gowlings, we are confident that Mr. Weedon can handle the balance of the
representation.
[3]
In view of
Rule 124, no Order of this Court is required to remove Gowling Lafleur
Henderson from the record. I would therefore advise the respondent to comply
with Rule 124 by serving and filing a notice in the proper form prior to the
February 6, 2007 hearing. As Mr. Weedon has been authorized to act on behalf of
the respondent, he is, as a result, the person who should sign the form.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-278-05
STYLE OF CAUSE: A.G.C.
v. TRUST BUSINESS SYSTEMS
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: January 18, 2007
WRITTEN REPRESENTATIONS BY:
|
Mr. Derek Rasmussen
|
FOR THE APPLICANT
|
|
Mrs. Debra
Lance
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
John H. Sims Q.C.
Deputy Attorney General of Canada
|
FOR THE APPLICANT
|
|
Gowling
Lafleur Henderson LLP
|
FOR THE RESPONDENT
|
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