K. Alexander

The plaintiffs brought a motion on consent to place the action in abeyance pursuant to s. 106 of the Courts of Justice Act.

The action involves complex issues of Aboriginal title relating to water and floodplains in Southern Ontario, which are also being addressed in a separate proceeding.

The court agreed that it would be disproportionate and inefficient to advance this action concurrently and ordered the matter placed in abeyance.

The defendant brought a motion to remove the plaintiff’s lawyer of record on the basis of an alleged conflict of interest.

The defendant had previously consulted another lawyer who worked in association with the plaintiff’s lawyer at the same office group regarding the same employment dispute.

The court applied the principles from MacDonald Estate v. Martin concerning removal of counsel and protection of confidential information.

It held that the presumption that lawyers share confidential information applies within law firms but does not automatically apply to lawyers who merely work in association with separate practices.

Because the lawyers had separate practices and there was no evidence that confidential information had been shared with the lawyer of record, the motion to remove counsel was dismissed.