The Court of Appeal for Ontario granted leave for the former trial solicitor of Michael Scott De Longte to intervene in the appeal, limited to the issue of ineffective assistance of counsel.
The court found the solicitor’s participation necessary to complete the record and assist in the proper adjudication of the issue, as the allegations of ineffective assistance were central to the appeal and mirrored in a related professional negligence action.
The court also declared that solicitor-client privilege had been waived by Mr. De Longte and set out a schedule for the exchange and filing of fresh evidence, cross-examinations, and facta.
No costs were awarded on the motion.
