2 total
Motion for leave to appeal dismissed with costs fixed at $2,500.
The moving party brought a motion for leave to appeal an earlier order of Doi J. The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the fixed amount of $2,500 inclusive.
The court dismissed a motion to remove counsel, finding no disqualifying conflict of interest where another lawyer from the same firm was to be called as a fact witness.
The Respondent brought a motion to remove the Applicant's counsel, Clarissa D’Avella, and her law firm, citing a conflict of interest.
The conflict arose from the Applicant's intention to call her previous counsel, Ms. Cebulak (who practices at the same firm as Ms. D’Avella), as a witness in a focused hearing concerning the validity of a separation agreement.
The court dismissed the motion, finding that the Respondent failed to demonstrate that the removal was necessary for the proper administration of justice.
The judge applied a flexible approach, considering factors such as the stage of proceedings, the likelihood and significance of the witness's testimony, the good faith of the moving party, and the litigant's right to choose counsel.
The court concluded that the potential for actual conflict or tainting of evidence was remote given the limited and non-controversial nature of the anticipated testimony and the measures proposed by the Applicant to mitigate concerns.
