Bonnie Tough

Following the dissolution of the law firm representing the plaintiff in a proposed class proceeding, the plaintiff served a Notice of Change of Solicitors to appoint a new firm formed by some of the former partners.

The appellant, a firm formed by another former partner who had been the supervising lawyer, moved to set aside the Notice or replace the representative plaintiff.

The motion judge dismissed the motion, finding the plaintiff's choice of counsel was adequate.

The Divisional Court dismissed the appeal, holding that the motion judge made no error of law and his decision was reasonable.

The appellant appealed an order striking his statement of defence.

The Court of Appeal dismissed the appeal, noting that while a certain letter should have been before the motion judge, the result would have been the same given the history of the matter and the appellant's failure to explain the default or comply with outstanding undertakings.

Costs of $6,000 were awarded to the respondents.