The plaintiff moved to remove the defendant's lawyer of record on the basis that the lawyer would be a witness to material facts at trial and that her communications formed the factual foundation for the plaintiff's wrongful dismissal and human rights claims.
The court found that while it was not certain the lawyer would be called as a witness, she was so closely connected to the material facts underlying the action that she was compromised as an advocate.
The lawyer's own words were at the heart of the dispute, putting her credibility in issue and creating a conflict between her role as counsel and participant.
The motion to remove counsel was granted.
