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Law firm denied removal from record after filing 'zombie appeal' to delay receivership proceedings.
The moving party law firm sought an order under Rule 15.04 of the Rules of Civil Procedure to be removed as the lawyer of record for the appellant in a receivership proceeding.
The firm had filed a notice of appeal on behalf of the appellant to prevent the sale of two condominium units, despite intending to have no further involvement.
The Court of Appeal dismissed the motion, finding that the firm had launched a 'zombie appeal' that jeopardized the receivership proceedings and abused its status as an officer of the court.
The firm was ordered to remain on the record until the final disposition of the receiver's motion to quash the appeal, prioritizing the administration of justice over the firm's interests.
The court granted habeas corpus and released the applicant, finding an unjustified bail adjournment unconstitutional.
The applicant brought a motion for habeas corpus, alleging that the adjournment of her bail hearing to a later date violated her s. 11(e) Charter right to reasonable bail without just cause.
The Crown opposed, citing issues with conducting contested bail hearings in video remand court.
The court found that insufficient regard was paid to accommodating the applicant's request to proceed with a bail hearing on the day of the motion, and that her continued detention was not justified.
Exercising its inherent supervisory jurisdiction under the Charter, the court ordered the applicant's release on her own recognizance with conditions, finding that to do otherwise would breach her s. 9 and 11(e) Charter rights.
