Date: 20000503
Docket: A-87-00
C O R A M: STRAYER J.A.
B E T W E E N:
PLANET EARTH FRESH MADE COSMETICS INCORPORATED
Appellant
" and "
LUSH LTD.
Respondent
REASONS FOR ORDER
STRAYER J.A.
[1] The appellant (defendant in the Trial Division) has launched an appeal in this Court against an interlocutory order of Dawson J. dated February 7, 2000. In that order the learned motions judge refused leave to allow the appellant corporation to be represented by an officer of the corporation and not by a solicitor. She made certain other interim orders pending the appellant corporation obtaining counsel. In the appeal which the appellant has launched (by an officer of the corporation) from that order it has brought this motion under Rule 369 for the following relief.
| 1. An order granting leave for the corporate defendant to represent itself on this written motion and any other related motions pending Appeal of the Order of Justice Dawson dated January 13, 2000. |
| 2. An order to stay the Order of Justice Dawson dated January 13, 2000 pending its Appeal. |
| 3. An order to stay the Order of Prothonotary Lafreniere dated March 27, 2000 pending the Appeal of the Order of Justice Dawson. |
| 4. An order that the Court determine the content of the appeal book with extension of time in order that the defendant may comply with Rule 343. |
| 5. An order that the appeal book be prepared by the Administrator on the appellant's behalf from documents provided by the appellant. |
| 6. Such further and other Order as this Honourable Court deem just. |
The respondent (plaintiff) opposes this motion.
[2] The first matter I must consider is whether the appellant is entitled to be represented on this motion by a corporate officer. Dawson J. rejected the appellant's request to be represented by an officer before for the following reasons.
| . . . UPON being satisfied that the evidence fails to establish special circumstances as required by Rule 120, particularly that it fails to establish that the Defendant is so impecunious that it is unable to pay for a lawyer and fails to establish that the Defendant would be properly represented by Ms. Green in view of the complexity of the legal issues to be determined . . . . |
[3] In its motion to this Court the corporation has provided no further evidence in this respect. There is no specific evidence as to the financial position of the corporation or its shareholders, whether the issues could be adequately dealt with by a layman, or of any other circumstances that might have a bearing on the matter. While mention is made of new evidence that could be produced no application has been made for its production. While this motion is not itself an appeal from the order of Dawson J., like her I can find no factual basis on which I can order that the appellant corporation should be represented here by an officer.
[4] I will therefore dismiss the application for the corporation to be represented by an officer. In the circumstances the remaining aspects of the motion must be adjourned sine die until counsel is appointed.
[5] Costs of this motion will be determined on final disposition of the cause.
(s) "B.L. Strayer"
J.A.