At a case conference, plaintiff's counsel requested that the upcoming trial date be vacated because he had lost contact with his client and intended to bring a motion to be removed as solicitor of record.
The defendants opposed any further delay, noting they had held off bringing a motion to dismiss.
The court refused to vacate the trial date, directing that the defendants could bring their motion to dismiss at the outset of the trial, at which point plaintiff's counsel could explain his predicament to the trial judge.