The Crown brought an application to remove Susan von Achten as solicitor of record for Mladen (Michael) Ivezic, who is jointly charged with first-degree murder alongside Demitry Papasotiriou-Lanteigne.
Ms. von Achten had previously provided legal assistance to Mr. Papasotiriou-Lanteigne in a civil claim related to the matrimonial home and a police complaint, while also acting for Mr. Ivezic in the murder prosecution.
The court found a realistic prospect of conflict of interest due to the dual representation and the inevitable overlap between the civil and criminal proceedings.
Despite waivers from both accused, the court determined that Ms. von Achten could not satisfy the difficult burden of rebutting the presumption of confidential information being imparted.
The court emphasized that the potential for conflict, including the possibility of cross-examining a former client, undermined public confidence in the administration of justice.
The application to remove counsel was granted.
