Court File and Parties
COURT FILE NO.: FC-20-309 DATE: 2022/07/25
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: JOAN CHARTRAND, Applicant AND BENJAMIN EBOKEM, Respondent
BEFORE: Madam Justice Julie Audet
COUNSEL: André Bluteau, counsel for the Applicant Allison Lendor, counsel for the Respondent
HEARD: July 22, 2022
ENDORSEMENT
[1] This motion was brought by the respondent, Mr. Benjamin Ebokem (hereinafter “Mr. Ebokem”), seeking an order removing Mr. André Bluteau as counsel for the applicant, Ms. Joan Chartrand (hereinafter “Ms. Chartrand”).
[2] Mr. Ebokem alleges that;
a. Mr. Bluteau is in a relationship with Ms. Chartrand, and together they have a child;
b. Mr. Bluteau and Ms. Chartrand were close family friends of Mr. Ebokem and his now deceased wife, Miranda Tabi;
c. In this capacity, Mr. Bluteau provided Mr. Ebokem with legal advice on issues which are presently before the court in this case, following Ms. Tabi’s death;
d. Indeed, Mr. Ebokem acted on the advice he received from Mr. Bluteau following his late wife’s death, which advice Mr. Bluteau is now using against him in these legal proceedings. Mr. Bluteau is also divulging personal information about Mr. Ebokem which he could have only known due to his legal advisory role towards him.
[3] Furthermore, it appears that Mr. Bluteau’s licence to practice law is currently suspended for administrative reasons.
[4] Today, Ms. Chartrand appeared, assisted by Mr. Nugent as friend of the Court, and took the position that Mr. Bluteau does not represent her and that Mr. Ebokem and his counsel were fully aware of this. This is notwithstanding the fact that;
Ms. Chartrand signed a Notice of Change in Representation on April 5, 2022, confirming Mr. Bluteau as her counsel of record;
Mr. Bluteau clearly represented Ms. Chartrand in the context of a motion hearing held before Corthorn J. on April 7, 2022;
Mr. Bluteau filed an affidavit for the purpose of today’s motion in which he, at first, attempts to challenge the allegations being made by Mr. Ebokem and, subsequently, proceeds to assert that he never represented Ms. Chartrand other than on a limited scope retainer;
No further Notice of Change in Representation has been filed on behalf of Ms. Chartrand. As such, Mr. Bluteau continues to be her solicitor of record to this day.
[5] This motion was a complete waste of everyone’s time. However, Mr. Ebokem had not other choice than to bring it to ensure Mr. Bluteau would no longer purport to act as Ms. Chartrand’s lawyer in the future. I find the conduct of Ms. Chartrand and Mr. Bluteau in this matter to be entirely unreasonable. Moreover, based on the evidence presented to me today, I find that Mr. Bluteau is clearly in a conflict of interest which precludes him from representing Ms. Chartrand in this matter. The evidence shows that Mr. Bluteau purported to provide Mr. Ebokem with legal advice before and after the passing of his wife, and that he is now using this information against him in this litigation, as clearly evidenced by the contents of Mr. Bluteau’s own affidavit.
[6] Therefore, to the extent that Mr. Bluteau continues to be Ms. Chartrand’s solicitor of record, he is hereby removed.
[7] Mr. Ebokem seeks costs in the amount of $1,500 plus HST, and same is hereby granted, payable by Ms. Chartrand to Mr. Ebokem forthwith.
Madam Justice Julie Audet
Date: July 25, 2022
COURT FILE NO.: FC-20-309 DATE: 2022/07/25
ONTARIO SUPERIOR COURT OF JUSTICE
RE: JOAN CHARTRAND, Applicant AND BENJAMIN EBOKEM, Respondent
BEFORE: Madam Justice Julie Audet
COUNSEL: André Bluteau, counsel for the Applicant Allison Lendor, counsel for the Respondent
HEARD: July 22, 2022
ENDORSEMENT
Madam Justice Julie Audet
Released: July 25, 2022