A motion hearing regarding the respondent mother's legal aid certificate in a child protection proceeding.
The respondent mother's lawyer was removed as counsel of record in February 2012 due to a breakdown in the solicitor-client relationship, six months before the scheduled trial.
Legal Aid Ontario refused the mother's request for a new lawyer, citing that a breakdown in the lawyer-client relationship is not sufficient grounds for a change of counsel.
The court found that the respondent mother has a constitutional right to counsel and that all four criteria from New Brunswick v. J.G. appear to be satisfied.
The matter was adjourned to allow Legal Aid Ontario and the Attorney General of Ontario to make submissions on whether the court should appoint publicly funded counsel.
