Lujza Tunde Csanyi

The appellant, a de-designated firearms instructor, appealed a costs order from a motion that struck and stayed parts of his second action (2022 Action) as duplicative of an earlier action (2018 Action).

The Court of Appeal dismissed the appeal, finding it lacked jurisdiction because the cumulative costs award fell below the $50,000 threshold specified in the Courts of Justice Act, which applies when the costs order itself is the subject of the appeal.

The appellant's solicitors, Stieber Berlach LLP, moved for an order removing them as solicitors of record for the appellant, Jeremy Williams, citing an irreparable breakdown in the solicitor-client relationship due to the client's lack of communication, failure to follow instructions, and non-compliance with the retainer agreement.

The appellant opposed the motion but failed to file responding materials.

The Court of Appeal granted the motion, finding that the relationship had broken down and that the appellant would not be materially prejudiced, despite the upcoming appeal hearing.

The court emphasized that the client's desire for the solicitor to continue is not determinative if the circumstances justify withdrawal.