In a family law proceeding, the respondent husband brought a motion to remove the applicant wife's solicitor of record, alleging the solicitor knowingly commissioned a false affidavit and backdated correspondence.
Following cross-examination of the solicitor and his assistant, the court found that the assistant had backdated the letter and lied in her affidavit without the solicitor's knowledge.
The motion to remove the solicitor was dismissed.
The court awarded $5,000 in costs to the applicant, noting the respondent's bad faith in seeking a Law Society investigation and barring the solicitor from future cases.
