The defendants appealed a motion judge's decision dismissing their motion to remove the plaintiff's counsel of record.
The plaintiff sued their former lawyers (the defendants) for professional negligence, alleging they recommended an improvident settlement of a long-term disability claim.
The defendants argued the plaintiff's current counsel was in a conflict of interest or would be a necessary witness regarding a subsequent tort settlement.
The Divisional Court dismissed the appeal, agreeing with the motion judge that the motion was premature because discoveries had not yet occurred and it was not established that current counsel would likely be a necessary witness.
