Court File and Parties

Court File No.: CV-21-00000281-0000 (Belleville) Date: 2025-08-05 Superior Court of Justice - Ontario

Re: Allan Lasher, Plaintiff And: The Estate of Joan Ellen Detlor by her Estate Trustee Heather Lynn Begin, Defendant

Before: Mew J.

Counsel: Kelly Henderson (Moving Party) No materials filed on behalf of the client or the defendant, although duly served

Heard: 5 August 2025 at Belleville (in writing)

Endorsement

[1] This is a motion by the lawyer to be removed from the record as solicitor for the plaintiff. The evidence informs the court that:

a. The solicitors have acted for the plaintiff since June 2021.

b. A statement of claim was issued.

c. There has been a breakdown in the solicitor-client relationship.

d. The solicitors wrote to the client on 6 June "confirming the termination of our retainer" and thereafter returned his documents.

e. There are no further court dates scheduled in this matter.

[2] It assists the court when considering motions by lawyers to be removed from the record to have something more than a bald statement that the solicitor-client relationship has broken down. Even something as basic as "we have been unable to communicate with the client", "we have been unable to obtain instructions", or "we have not been paid", will often be sufficient to satisfy the court that the relationship has broken down for a reason that would support the withdrawal of the lawyer. Where providing such information would breach privilege or otherwise be prejudicial to the client, it can be redacted on the copy placed in the court file, so long as the unredacted information is available to the reviewing judge: Rule 15.04.

[3] Some basic information about the status of the proceeding is also helpful – in the present case all that is apparent is that an action was started (in 2021 judging by the court file number) and that there are no pending court dates. Is the action progressing? Have discoveries taken place? Why is there no court date pending when the action was started in 2021?

[4] Many of these questions and concerns are easily and efficiently dealt with when these motions are dealt with at a motions court hearing and counsel is present to answer questions from the bench. But as it is now more usual to bring these motions in writing, it is important for the record to contain sufficient information to assist the reviewing judge. Simply reciting the mantra that the solicitor-client relationship has broken down may not be enough in many cases.

[5] All of that having been said, the defendant in this case, who is represented by experienced lawyers, has been served with the notice of motion and has not raised any concerns about the motion.

[6] The solicitor should provide the court with a brief confidential affidavit (a copy of which should also be served on the client) providing some basic information on the cause of the breakdown of the lawyer-client relationship. That affidavit will not form part of the court file as per Rule 15.04(1.3).

Mew J.

Date: 5 August 2025