Bar Attraction Plus v. Canada (Attorney General)
The motion for leave to be represented by a non‑lawyer was dismissed because the proposed representative did not demonstrate understanding of the nature of the proceedings and a lawyer would better serve the interests of justice; the court also amended the style of cause to correctly identify the parties.
Source-derived case information.
- Citation
- 2006 FCA 329
- Parties
- Appellant: Viateur Mercier; Respondent: Her Majesty the Queen (Attorney General of Canada)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 October 2006
- Procedural Posture
- Appeal / Motion to Permit Non‑lawyer Representation; Amendment of Style of Cause
- Outcome
- Motion dismissed; style of cause amended
- Legal Topics
- Non‑lawyer Representation, Style of Cause Amendment, Leave to Be Represented, Motions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Viateur Mercier
Appellant
Her Majesty the Queen (Attorney General of Canada)
Respondent
Procedural Posture
Appeal / Motion to Permit Non‑lawyer Representation; Amendment of Style of Cause
Legal Issues
- 1 Whether the appellant should be granted leave to be represented by a non‑lawyer
- 2 Whether the style of cause should be amended to correctly identify the parties
Ratio Decidendi
The motion for leave to be represented by a non‑lawyer was dismissed because the proposed representative did not demonstrate understanding of the nature of the proceedings and a lawyer would better serve the interests of justice; the court also amended the style of cause to correctly identify the parties.
Court Disposition
Motion dismissed; style of cause amended
Orders
- The style of cause is amended to identify Viateur Mercier as Appellant and Her Majesty the Queen as Respondent.
- The appellant's motion for leave to be represented by a non‑lawyer is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Bar Attraction Plus v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-10-16 Neutral citation 2006 FCA 329 File numbers A-336-06 Decision Content Date: 20061016 Docket: A-336-06 Citation: 2006 FCA 329 Present: NOËL J.A. BETWEEN: BAR ATTRACTION PLUS VIATEUR MERCIER Appellant and ATTORNEY GENERAL OF CANADA Respondent Motion dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on October 16, 2006. REASONS FOR ORDER BY: NOËL J.A. Date: 20061016 Docket: A-336-06 Citation: 2006 FCA 329 Present: NOËL J.A. BETWEEN: BAR ATTRACTION PLUS VIATEUR MERCIER Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER NOËL J.A. [1] The appellant filed a notice of appeal from a decision by Dussault J. dated June 8, 2006, in the matter of Viateur Mercier and Her Majesty the Queen, 2005-1776(IT)I. [2] The notice of appeal mistakenly identifies the parties according to the style of cause appearing above. At the request of the Attorney General acting in the name of Her Majesty the Queen, the said style of cause is hereby amended to read as follows: VIATEUR MERCIER Appellant and HER MAJESTY THE QUEEN Respondent [3] The appellant is applying for leave to be represented by a non-lawyer. This person claims that he understands the facts underlying the appeal, but in reading the proceedings filed to date and the resulting confusion, it is apparent that the person approached does not understand the nature of the proceedings, and that a lawyer would better serve the interests of justice. [4] The appellant’s motion is therefore dismissed. “Marc Noël” J.A. Certified true translation Susan Deichert, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-336-06 STYLE OF CAUSE: BAR ATTRACTION PLUS VIATEUR MERCIER v. ATTORNEY GENERAL OF CANADA MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: Noël J.A. DATED: October 16, 2006 WRITTEN OBSERVATIONS: FOR THE APPELLANT/APPLICANT Anne Poirier FOR THE RESPONDENT/RESPONDENT SOLICITORS OF RECORD: FOR THE APPELLANT/APPLICANT John H. Sims, Q.C. FOR THE RESPONDENT/RESPONDENT