Marie Michaels

In a long-standing family law dispute, the court considered whether to appoint amicus curiae for the self-represented mother and whether to lift a sealing order on incomplete reports from the Office of the Children's Lawyer (OCL).

The court appointed amicus curiae to assist the mother and ensure an orderly trial, given the history of delays and the mother's difficulties in participating.

The court also lifted the sealing order, finding that the original premise for sealing the incomplete reports—that a comprehensive report would be prepared—had not materialized, and the sealed material contained relevant evidence for the upcoming trial.

The respondent husband brought a motion to remove the applicant wife's counsel as solicitor of record, arguing that she had previously acted as collaborative counsel and was therefore prohibited from litigating the matter.

The court noted that while the counsel had acted in a collaborative capacity, she had never signed a new collaborative participation agreement after taking over the file.

Applying the high standard required to interfere with a party's choice of counsel, the court declined to remove the solicitor of record, though it noted she should have considered stepping aside voluntarily.

The motion was dismissed with no order as to costs.