Canada (Attorney General) v. Trust Business Systems

Canada (Attorney General) v. Trust Business Systems Court (s) Database Federal Court of Appeal Decisions Date 2007-01-18 Neutral citation 2007 FCA 50 File numbers A-278-05 Decision Content Date: 20070118 Docket: A-278-05 Citation: 2007 FCA 50 Present: NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and TRUST BUSINESS SYSTEMS Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on January 18, 2007. REASONS FOR ORDER BY: NADON J.A. Date: 20070118 Docket: A-278-05 Citation: 2007 FCA 50 Present: NADON J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and TRUST BUSINESS SYSTEMS Respondent REASONS FOR ORDER NADON J.A. [1] This is a motion by the respondent for an Order granting it leave to be represented by Mr. Philip Weedon, a member of the respondent. I have carefully reviewed the affidavit filed by Mrs. Debra Lance and I am satisfied that it is proper, in the circumstances of this case, to grant the Order sought. [2] The respondent also seeks an Order from this Court removing Gowling Lafleur Henderson as its solicitors of record. In that regard, I note that Mrs. Lance, in her capacity as President of the respondent, wrote a letter dated December 4, 2006 to Gowling Lafleur Henderson advising them that they were no longer the respondent’s solicitors in the present matter. Mrs. Lance’s letter reads, in part, as follows: Based on our recent discussions this letter is to confirm that we are discharging Gowling Lafleur Henderson LLP as the solicitors for Trust Business Systems for Federal Court of Appeal File Number A-278-05, effective December 4, 2006, since Trust is not able to afford future legal counsel fees. This is also to confirm that we will be submitting a motion made under Rule 120 to permit Trust to be represented by someone who is not a solicitor, namely Mr. Philip Weedon, who is member of Trust Business Systems. Per our discussion and given that the factum and authorities have already been filed with the Court by Gowlings, we are confident that Mr. Weedon can handle the balance of the representation. [3] In view of Rule 124, no Order of this Court is required to remove Gowling Lafleur Henderson from the record. I would therefore advise the respondent to comply with Rule 124 by serving and filing a notice in the proper form prior to the February 6, 2007 hearing. As Mr. Weedon has been authorized to act on behalf of the respondent, he is, as a result, the person who should sign the form. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-278-05 STYLE OF CAUSE: A.G.C. v. TRUST BUSINESS SYSTEMS MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. DATED: January 18, 2007 WRITTEN REPRESENTATIONS BY: Mr. Derek Rasmussen FOR THE APPLICANT Mrs. Debra Lance FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims Q.C. Deputy Attorney General of Canada FOR THE APPLICANT Gowling Lafleur Henderson LLP FOR THE RESPONDENT