ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CITATION: Hamilton v. Nanji, 2011 ONSC 2354
DIVISIONAL COURT FILE NO.: 434/10
DATE: 20110413
BEFORE: FERRIER, BALTMAN AND LEDERER JJ.
BETWEEN:
HEYDARY HAMILTON PROFESSIONAL CORPORATION
Appellant
(Responding Party)
– and –
RAHEMIN NANJI
Respondent
(Moving Party)
COUNSEL:
David Keith Alderson, for the Appellant
Hari S. Nesathurai, for the Respondent
HEARD at Toronto: April 13, 2011
ORAL REASONS FOR JUDGMENT
FERRIER J. (ORALLY)
[1] We decline to make an order removing respondent’s counsel from this matter for the following reasons:
(i) There was no objection taken below to his involvement until the result was known and only then was the matter raised on the question of costs.
(ii) Although the matter is raised before us today, technically there is no appeal before us concerning the finding of Belobaba J. He already has held that there is no conflict.
(iii) The objection to today’s proceedings and the involvement of the respondent’s counsel was only taken last Friday.
(iv) The quantum in issue is so small it is almost de minimus.
(v) To require the client, Mr. Nanji, to retain new counsel and get him up to speed would put Mr. Nanji in a most unfortunate position, not only from the standpoint of delay, but more importantly perhaps, expense, in the context of a $4,000 to $4,500 issue.
(vi) Even if respondent’s counsel is in a conflict, which we do not find he is, the conflict is so slight as to be of no moment. It is in the interest of both parties to this proceeding to having the matter concluded today.
FERRIER J.
BALTMAN J.
LEDERER J.
Date of Reasons for Judgment: April 13, 2011
Date of Release: April 27, 2011
CITATION: Hamilton v. Nanji, 2011 ONSC 2354
DIVISIONAL COURT FILE NO.: 434/10
DATE: 20110413
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BEFORE: FERRIER, BALTMAN AND LEDERER JJ.
BETWEEN:
HEYDARY HAMILTON PROFESSIONAL CORPORATION
Appellant
(Responding Party)
– and –
RAHEMIN NANJI
Respondent
(Moving Party)
ORAL REASONS FOR JUDGMENT
LEDERER J.
Date of Reasons for Judgment: April 13, 2011
Date of Release: April 27, 2011