Date: 20020313
Docket: A-14-02
Neutral citation: 2002 FCA 99
CORAM: STRAYER J.A.
BETWEEN:
S.A.R. GROUP RELOCATION INC., and
SUSAN A. RYAN REAL ESTATE LTD.
Applicants
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
STRAYER J.A.
[1] The applicants, apply through Susan A. Ryan, the president of each corporation, for an order under Rule 120 allowing them to be represented by her instead of by a lawyer in a judicial review of a decision of a Deputy Judge of the Tax Court of Canada. The ground for seeking such an order is that the applicants can no longer afford to hire a lawyer to represent them.
[2] For the Court to make such an order in these circumstances it must be satisfied that the corporations are truly unable to pay for a lawyer and that the person sought to be allowed to represent them has indeed been authorized by the corporations to represent them. (Source Services Corp. v. Source Personal Inc. (1995) 165 F.T.R. 42; Re NsC Diesel Power Inc. (Bankrupt) (1995) 96 F.T.R. 161). There is no clear evidence here on either point. Further, it is relevant to consider whether the proposed representative would also be a witness, as counsel cannot appear in cases where they are witnesses. (See Kobetek Systems Ltd. v. R. [1998] 1 C.T.C. 308). In the present application for judicial review Susan A. Ryan has filed a purported affidavit (not yet sworn) which indicates she expects to be the principal witness as well as acting in role of counsel. This is another circumstance which militates against the Court making an order under Rule 120.
[3] The motion will therefore be dismissed without costs.
(s) "B.L. Strayer"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-14-02
STYLE OF CAUSE: S.A.R. GROUP RELOCATION INC. ET AL v. A.G.C.
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER
BY: The Honourable Mr. Justice Strayer
DATED: March 13, 2002
WRITTEN REPRESENTATIONS BY:
Susan A. Ryan FOR THE APPLICANT
Marilyn Vardy FOR THE RESPONDENT
SOLICITORS OF RECORD:
S.A.R. Group Relocation Inc., and
Susan A. Ryan Real Estate Ltd. FOR THE APPLICANT Mississauga, Ontario
Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada