Following the dissolution of the law firm representing the plaintiff in a proposed class proceeding, the representative plaintiff chose to retain a new firm formed by some of the former partners.
The appellant, a firm formed by the former supervising partner, brought a motion to strike the notice of change of solicitors and replace the representative plaintiff.
The Court of Appeal dismissed the appeal, holding that a representative plaintiff has the right to choose counsel, subject to court review based on competence, improper considerations, and prejudice to the class.
The court also stayed a competing class action commenced by the appellant as an abuse of process.
