During a multi-day family and civil trial involving claims for divorce, spousal support, equalization of net family property, and tort and contract allegations, counsel for the plaintiff/respondent sought to withdraw due to sudden illness.
The plaintiff requested leave under Rule 4 of the Family Law Rules for an articling student to represent her.
The court reviewed authorities requiring special circumstances to permit representation by a non-lawyer and considered the student's status, including an unresolved Law Society good character issue and the absence of an articling principal.
The court concluded that permitting the student to conduct a complex ten‑day trial would be unfair to the opposing party and the court.
The request for leave was denied.
