R. Kaushal

Following a successful motion by the plaintiffs to remove the defendants' counsel for a conflict of interest, the court determined the costs of the motion.

The court declined to award costs against the removed counsel personally under Rule 57.07, finding it was a matter between the counsel and his former clients.

However, the court found that the plaintiffs' offer to settle was a valid Rule 49 offer that they had beaten, entitling them to partial indemnity costs up to the date of the offer and full indemnity costs thereafter.

The court fixed costs at $13,500, payable by the defendants.

The plaintiffs brought a motion to remove the defendants' counsel of record, arguing that the lawyer was a necessary witness in the underlying estate litigation.

The lawyer had previously acted for the defendants in registering a section 71 notice against the deceased mother's property and in drafting a subsequent Power of Attorney and Will, all of which were central to the dispute over fiduciary duties.

The court applied the Essa factors and concluded that the lawyer was a material witness whose evidence would be necessary to explain the rationale behind the impugned transactions.

The court found that allowing the lawyer to act as counsel would create an irretrievable conflict between his obligations to the court and his clients.

The motion was granted and the lawyer was removed from the record.

The Electrical Safety Authority sought a pre-sentencing order compelling the defendant to produce personal and business financial documents to assist in determining an appropriate fine.

The defendant had been convicted of operating an electrical contracting business without a valid license under the Electricity Act, 1998.

The court held that while a sentencing court has implied jurisdiction under s. 57(3) of the Provincial Offences Act to compel production of financial documents in exceptional circumstances, the prosecution failed to establish such exceptional circumstances in this case.

The application was dismissed as premature.