Roger Foley, the plaintiff, brought a motion under Rule 2.1.02 of the Rules of Civil Procedure to disqualify Neil Searles as counsel for the Centre for Independent Living in Toronto (CILT).
Foley alleged conflict of interest, divided loyalty, and that Searles would be a necessary witness due to a 1996 article he authored on physician-assisted suicide.
The court, on its own initiative, considered dismissing the motion as frivolous or vexatious.
The court found the motion frivolous, noting that CILT opposed the removal of its counsel, that accepting a binding Supreme Court decision (Carter) is not a basis for disqualification, and that Foley's attempt to call Searles as a witness was unlikely to be permitted at trial.
The motion was dismissed.
