PRACTICE |
Representation by Attorney or Solicitor |
Synchronics Ltd. v. Synchronics, Inc.
A-225-01
2001 FCA 172, Sharlow J.A.
31/5/01
7 pp.
Synchronics, Inc. commencing action against partnership known as Synchronics--Partnership attempted to defend action without being represented by counsel--Federal Court Rules, 1998, r. 120 requiring partnership to be represented by solicitor in all proceedings, unless Court in special circumstances granting leave to it to be represented by officer, partner or member--Partnership's motion for authorization to be represented by members Brown or Leech denied on March 23, 1999--Subsequently motion to reconsider denied and partnership given 15 days to retain counsel, failing which default judgment would be granted--Partnership not retaining counsel--Appeal against all three orders quashed on ground appeal from March 23 order out of time, and because that order could not be appealed, appeals predicated on it could not be maintained--Partnership's appeal from order granting default judgment and motion for leave to permit Brown and Leech to represent them denied--Appeal from that order indicating partnership still challenging initial March 23, 1999 decision denying leave to permit representation by Brown, Leech, and also challenging legal validity of r. 120--Notice of appeal alleging Court unfairly biassed against unrepresented litigants, and award of costs of $1,500 punitive--Synchronics, Inc.'s motion to quash appeal granted on basis notice of appeal raising issues already determined in prior proceedings, thus res judicata--Applicable principle summarized in Thomas v. Trinidad and Tobago (Attorney General) (1990), 115 N.R. 313 (P.C.); in Canada v. Chevron Canada Resources Ltd., [1999] 1 F.C. 349 (C.A.), at par. 36--Order denying permission for Brown, Leech to represent partnership could have been appealed if appeal commenced on timely basis--Any argument challenging legal validity of r. 120 should have been raised in initial motion resulting in March 23, 1999 order--But no basis for barring partnership from proceeding with appeal against award of costs--Appeal dismissed except with respect to award of costs--Affidavits filed with motion record on April 30, 2001 stating partnership cannot afford to retain counsel--Brown, Leech jointly granted leave to represent partnership in appeal against award of costs on Court's own motion--Federal Court Rules, 1998, SOR/98-106, r. 120.