D. H. Jack

The applicant sought leave to appeal an order dismissing its motion to disqualify the respondent's counsel, Lerners LLP, due to an alleged conflict of interest.

The applicant argued that Lerners represented a key witness for the applicant in personal tax matters, creating a risk of misuse of confidential information and breaching the duty of loyalty.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motion judge's factual findings that there was insufficient connection between the retainers and no direct adverse interest.

The appellant appealed a summary judgment dismissing his counterclaim for defamation and his cross-motion to amend his statement of defence to include equitable set-off.

The Court of Appeal upheld the motion judge's finding that the appellant was required to provide notice under s. 5(1) of the Libel and Slander Act before delivering his counterclaim, as the damages claimed related to republication in newspapers.

The court also agreed that the proposed amendment for equitable set-off would have no practical consequence and the requirements for it were not met.

The appeal was dismissed with costs.