In a motor vehicle personal injury action scheduled for jury trial, the plaintiffs’ counsel brought a motion seeking to be removed as solicitor of record.
The motion arose after disputes regarding fees, allegations by the client that counsel had acted improperly, and a breakdown of the solicitor‑client relationship.
Applying the principles from R. v. Cunningham regarding withdrawal of counsel, the court considered whether withdrawal would harm the administration of justice given the approaching trial date.
The court found that the client had lost confidence in counsel and that the solicitor‑client relationship had irretrievably broken down.
Counsel was permitted to withdraw, subject to providing trial preparation materials to the court, and the trial remained scheduled peremptory on the plaintiffs.
