Szebenyi v. Canada
The Federal Court of Appeal concluded there was no error in the Motions Judge's exercise of discretion in refusing permission for the son to represent his mother and therefore affirmed that refusal while noting the son may seek permission from the trial judge; the appeal was dismissed and no costs were ordered.
Source-derived case information.
- Citation
- 2001 FCA 277
- Parties
- Appellant: Istvan Szebenyi Jr.; Appellant: Gizella Szebenyi; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 September 2001
- Procedural Posture
- Appeal to Federal Court of Appeal / Appeal Disposed (decision on Motion)
- Outcome
- Appeal dismissed; Order refusing permission to Mr. Szebenyi to represent his mother affirmed; no costs ordered.
- Legal Topics
- Representation by Non Lawyer, Permission to Represent Another Party, Motions Judge Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Istvan Szebenyi Jr.
Appellant
Gizella Szebenyi
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Appeal Disposed (decision on Motion)
Legal Issues
- 1 Whether the Motions Judge erred in refusing permission for a son to represent his mother
- 2 Whether the appellate court should overturn the Motions Judge's discretionary decision
- 3 Whether any costs should be ordered in respect of the appeal
Ratio Decidendi
The Federal Court of Appeal concluded there was no error in the Motions Judge's exercise of discretion in refusing permission for the son to represent his mother and therefore affirmed that refusal while noting the son may seek permission from the trial judge; the appeal was dismissed and no costs were ordered.
Court Disposition
Appeal dismissed; Order refusing permission to Mr. Szebenyi to represent his mother affirmed; no costs ordered.
Orders
- Appeal dismissed.
- Order refusing permission to Mr. Szebenyi to represent his mother is affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Szebenyi v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-09-20 Neutral citation 2001 FCA 277 File numbers A-787-00 Decision Content Date: 20010920 Docket: A-787-00 Neutral citation: 2001 FCA 277 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Wednesday, September 19, 2001 Judgment delivered at Toronto, Ontario, on Thursday, September 20, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. Date: 20010920 Docket: A-787-00 Neutral citation: 2001 FCA 277 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT LINDEN J.A. [1] We have not been persuaded that the Motions Judge erred in his disposition of this matter. Therefore, the Order refusing permission to Mr. Szebenyi to represent his mother in this case must stand. [2] Nevertheless, this does not preclude Mr. Szebenyi from seeking permission from the presiding Trial Judge to speak for his mother at the trial of this matter should it proceed to trial. [3] The appeal will be dismissed, but, based on the material filed by the Minister, we do not think it appropriate to make any order as to costs of this appeal. "A. M. Linden" J.A. "I agree Karen R. Sharlow" J.A. "I agree B. Malone" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-787-00 STYLE OF CAUSE: ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants - and - HER MAJESTY THE QUEEN Respondent DATE OF HEARING: WEDNESDAY, SEPTEMBER 19, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. DATED: THURSDAY, SEPTEMBER 20, 2001 APPEARANCES BY: Mr. Istvan Szebenyi Jr. Mrs. Gizella Szebenyi For the Appellants on their own behalf Mr. Marcel Larouche For the Respondent SOLICITORS OF RECORD: Mr. Istvan Szebenyi Jr. Mrs. Gizella Szebenyi 375 Trafalgar avenue Oshawa, Ontario L1H 3V2 For the Appellants Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF APPEAL Date: 20010920 Docket: A-787-00 BETWEEN: MINISTER OF CITIZENSHIP AND ISTVAN SZEBENYI JR. GIZELLA SZEBENYI Appellants - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT