Jim W. Smith

The moving party sought a review of a single judge's order refusing to remove opposing counsel.

The moving party alleged that opposing counsel triggered her post-traumatic stress disorder.

The Court of Appeal found no error in the single judge's decision, noting the lack of a sworn affidavit or medical report confirming the trigger.

The court varied the order to allow the moving party to re-apply with further and better material, urging the respondent to accommodate if medical confirmation is provided.

The appellant lawyer sought compensation for fees and disbursements incurred while representing a former client on solicitor-client privilege issues after the appellant's law office was searched.

The application judge ordered the Crown to pay the appellant at the prevailing Legal Aid rate and referred disputes over hours to the Legal Aid Plan.

On appeal, the Court of Appeal found the application judge erred by fettering his discretion and treating the matter as a criminal legal aid case.

The Court allowed the appeal and fixed the appellant's compensation at $200 per hour for 140 hours, plus disbursements.