Bunkheti v. M.N.R.
The Court granted counsel's application to be removed as counsel of record because the appellant was absent without explanation and had failed to communicate or cooperate despite numerous attempts by counsel, thereby preventing counsel from managing the case; the Court also ordered the appeal set down for hearing on...
Source-derived case information.
- Citation
- 2005 TCC 388
- Parties
- Appellant: DR. CHRIS KIFINDI BUNKHETI; Respondent: THE MINISTER OF NATIONAL REVENUE
- Court
- Tax Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 14 June 2005
- Procedural Posture
- Employment Insurance Appeal / Application to Remove Counsel; Pre Hearing
- Outcome
- Application granted; counsel removed as counsel of record; appeal to be set down for hearing on a date to be determined by the Court.
- Legal Topics
- Withdrawal of Counsel, Representation, Failure to Communicate, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DR. CHRIS KIFINDI BUNKHETI
Appellant
THE MINISTER OF NATIONAL REVENUE
Respondent
Procedural Posture
Employment Insurance Appeal / Application to Remove Counsel; Pre Hearing
Legal Issues
- 1 Whether counsel should be removed as counsel of record
- 2 Whether the appeal should be set down for hearing despite client's absence
- 3 Effect of client's lack of cooperation on counsel's ability to continue representation
Ratio Decidendi
The Court granted counsel's application to be removed as counsel of record because the appellant was absent without explanation and had failed to communicate or cooperate despite numerous attempts by counsel, thereby preventing counsel from managing the case; the Court also ordered the appeal set down for hearing on a date to be determined.
Court Disposition
Application granted; counsel removed as counsel of record; appeal to be set down for hearing on a date to be determined by the Court.
Orders
- Leave granted for counsel for the appellant to be removed as counsel of record in this appeal.
- The appeal shall be set down for hearing on a date to be determined by the Court.
Full Case Text
Judgment text and source record
1 paragraphs
Bunkheti v. M.N.R. Court (s) Database Tax Court of Canada Judgments Date 2005-06-14 Neutral citation 2005 TCC 388 File numbers 2002-4080(EI) Judges and Taxing Officers Paul Bédard Subjects Employment Insurance Act Decision Content Docket: 2002-4080(EI) BETWEEN: DR. CHRIS KIFINDI BUNKHETI, Appellant, and THE MINISTER OF NATIONAL REVENUE, Respondent. [OFFICIAL ENGLISH TRANSLATION] ____________________________________________________________________ Application heard on April 11, 2005, at Montréal, Quebec Before: The Honourable Judge Paul Bédard Appearances: Counsel for the Appellant: Alexandre Bergevin Counsel for the Respondent: Julie David ____________________________________________________________________ ORDER Upon application by counsel for the appellant for an order granting him leave to be removed as counsel of record in the instant appeal; And upon hearing what was alleged by the parties; The application is granted, in accordance with the attached Reasons for Order, and this appeal shall be set down for hearing on a date to be determined by the Court. Signed at Ottawa, Canada, this 14th day of June 2005. "Paul Bédard" Bédard J. Translation certified true on this 10th day of January 2006. Garth McLeod, Translator Citation: 2005TCC388 Date: 20050614 Docket: 2002-4080(EI) BETWEEN: DR. CHRIS KIFINDI BUNKHETI, Appellant, and THE MINISTER OF NATIONAL REVENUE, Respondent. [OFFICIAL ENGLISH TRANSLATION] REASONS FOR ORDER Bédard J. [1] The application by counsel for the appellant to be removed as counsel of record was heard at Montréal, Quebec, on April 11, 2005. [2] At the very start of the hearing, counsel for the appellant informed the Court that the appellant was not present, despite the fact that he had informed him of the date and place of the hearing. Furthermore, the appellant had not communicated with his lawyer to inform him that he would be absent from the hearing or even to give him the reason for that absence. [3] Counsel for the appellant made an application to the Court for an order granting him leave to be removed as counsel of record in the instant case. The reasons he gave in support of his application were his client's lack of cooperation, trust and communication. He also brought it to the Court's attention that he could not manage the case or make any defence without his client's cooperation. He added that his numerous attempts to contact his client, by e-mail, telephone and other means, had been in vain. [4] For the above reasons, the Court grants the application. [5] Furthermore, the Court orders that this appeal be set down for hearing on a date to be determined by it. Signed at Ottawa, Canada, this 14th day of June 2005. "Paul Bédard" Bédard J. Translation certified true on this 10th day of January 2006. Garth McLeod, Translator CITATION: 2005TCC388 COURT FILE NO.: 2002-4080(EI) STYLE OF CAUSE: DR. CHRIS KIFINDI BUNKHETI AND M.N.R. PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 11, 2005 REASONS FOR ORDER BY: The Honourable Judge Paul Bédard DATE OF ORDER: June 14, 2005 APPEARANCES: Counsel for the Appellant: Alexandre Bergevin Counsel for the Respondent: Julie David COUNSEL OF RECORD: For the Appellant: Name: Alexandre Bergevin Firm: Boro, Polnicky, Lighter Montréal, Quebec For the Respondent: John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario