Armour Transport Inc. v. 2098763 Alberta Ltd., 2024 FC 2006
Justice Fuhrer - 2024-12-11
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In this decision, the Court addressed a motion for self-representation by a corporate defendant and a request to retain a Statement of Defence. The Court found that the corporate defendant failed to provide sufficient financial evidence to support claims of financial hardship that would justify self-representation. The affidavit submitted did not adequately clarify the corporate financial situation or demonstrate a lack of resources. Furthermore, the Court determined that the materials presented by the defendants did not reflect a proper understanding of legal requirements and improperly included legal arguments. The defendants conflated provincial trade name registration with federal trademark rights, lacking a valid trademark for their claimed name. Ultimately, the Court dismissed the motion for self-representation, removed the Statement of Defence from the record, and indicated that the plaintiff's motion for default judgment would be addressed separately. Costs will be considered in conjunction with the latter motion.
Decision relates to:
- T-245-23 - Armour Transport Inc v. 2098763 Alberta Ltd. dba Armour Trucking of Edmont