The defendants in a solicitor's negligence action brought a motion to remove the plaintiff's counsel of record, arguing he would be a key witness at trial regarding the dismissal of the plaintiff's underlying personal injury actions.
The court applied the Essa factors and found that the counsel's evidence was likely unnecessary or available from the plaintiff herself.
The court concluded that removing counsel would have a devastating impact on the plaintiff's ability to proceed and that the proper administration of justice did not compel his removal.
The motion was dismissed.
