Source Services Corp. v. Source Personnel Inc.
T-1841-95
Rouleau J.
11/12/95
6 pp.
Appeal from Associate Senior Prothonotary's order granting leave to officer and director of corporate defendant to act on behalf of latter as provided in R. 300(2) on ground familiar with Rules and Orders of Court and lacking sufficient cash flow to retain solicitor to act for corporation at trial-Application allowed-Standard of review applicable on appeal from prothonotary well stated in Aktiebolag v. Aastra Corp. (1995), 59 C.P.R. (3d) 340 (F.C.T.D.): decision must be clearly wrong (based on wrong principle or misapprehension of facts) or raising questions vital to final issue of case-R. 300(2) requiring "special circumstances"-Three-part test applicable: corporation impecunious, person member of corporation, person authorized by corporation to represent it-Neither impecuniosity of corporation nor that of shareholders established-Federal Court Rules, C.R.C., c. 663, R. 300(2).