Date: 20051006
Docket: T-1825-04
Citation: 2005 FC 1370
Vancouver, British Columbia, Thursday, the 6th 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.
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