Court File and Parties
CITATION: Altman v. Altman, 2024 ONSC 1793
DIVISIONAL COURT FILE NO.: 24-00000104-00ML
DATE: 20240320
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Yoel Altman
Appellant
– and –
GALIT ALTMAN
Respondent
Gary Joseph for the Appellant
Julie Hannaford/Angela Pagano for the Respondent
HEARD: March 20, 2024
REASON FOR DECISION
SHORE, J.
Reasons for Decision
1The Appellant’s lawyer, Mr. Joseph, brought a motion returnable today, removing McDonald & Partners LLP as solicitors of record for the Appellant in the Divisional Court proceedings. The Appellant, Mr. Altman does not oppose the motion. The Respondent, Ms. Altman, does oppose the motion.
2For the reasons set out below, effective March 29, 2024, McDonald & Partners are removed as solicitor of record for the Appellant, without prejudice to the motion scheduled before the Superior Court of Justice on March 28, 2024.
3In R. v. Cunningham, 2010 SCC 10, the Supreme Court of Canada outlined a set of principles on which a lawyer may be permitted to withdraw from acting for a client in criminal matter. The Court also commented that reffusing to allow counsel to withdraw should be a remedy of last resort (for obvious reasons). The principles were confirmed as applicable to civil and family law matters by Faieta J., in Froom v. Lafontaine, 2020 ONSC 5650 at paras 20-21).
4An affidavit was filed in support of the motion, setting out the breakdown in the relationship between Mr. Joseph and his client. In considering the factors set out in by the SCC and with one caveat below, I am satisfied that there has been a breakdown in the relationship and McDonald & Partners LLP should be permitted to withdraw as counsel for the Appellant.
5What troubles me about this motion is the issue of timing, not in this court, but in the overall proceedings between the parties. As per my direction earlier today, there is already a schedule in place for the proceedings in Divisional Court, which schedule is peremptory on the Appellant, so there is no prejudice to the Respondent by Mr. Joseph being removed as solicitor of record. However, there is a long motion scheduled to be heard in the SCJ on March 28, 2024. The Respondent is seeking to strike the Appellant’s pleadings for failure to provide financial disclosure and for being in breach of court orders.
6Mr. Joseph consented to the date for the motion in the SCJ. The date was adjourned specifically to meet Mr. Joseph’s schedule. The breakdown in the relationship was not sudden or recent but has been ongoing. This case can be distinguished from some of the cases referred to in the Appellant’s factum because Mr. Joseph is not withdrawing for ethical reasons, but because there has been a breakdown in the relationship.
7There are different factors to consider in the motion to remove McDonald & Partners LLP as solicitor of record in the SCJ and in the corresponding request to adjourn Ms. Altman’s motion to strike Mr. Altman’s pleading. The SCJ to not bound by the decision of this court and this decision is being made without prejudice to Ms. Altman with respect to the motion to remove McDonald & Partners LLP as solicitors of record in the SCJ and Ms. Alman’s pending motion to strike.
8As such, the removal of McDonald & Partner’s LLP as solicitor of record is only effective as of March 29, 2024, and only as it relates to the proceeding in the Divisional Court.
Order
9Order to go as follows:
a. Effective March 29, 2024, McDonald & Partners LLP are removed as solicitor of record for the Appellant, Mr. Altman, in the Divisional Court proceedings. This is without prejudice to the proceedings before the SCJ.
b. The supporting affidavit of Sarah Linhares, sworn March 6, 2024, shall be removed from the court file and from CaseLines.
c. There shall be no costs of this motion.
S. Shore, J.
CITATION: Altman v. Altman, 2024 ONSC 1793
DIVISIONAL COURT FILE NO.: 24-00000104-00ML
DATE: 20240320
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Yoel Altman
Appellant
– and –
GALIT ALTMAN
Respondent
REASONS FOR JUDGMENT
SHORE, J.
Released: March 20, 2024