The plaintiff in a wrongful dismissal action brought a motion to remove the defendant corporation's counsel of record, who was also the sole officer and director of the corporation and a key participant in the employment negotiations at issue.
The defendant brought a cross-motion to strike the plaintiff's exhibits based on settlement privilege and to allow the counsel to act as an agent if removed.
The court dismissed the cross-motion, finding that any privilege had been waived.
The court granted the motion to remove counsel, holding that while his status as a potential witness alone did not disqualify him, his demonstrated personal attachment to the litigation compromised his impartiality as an advocate.
The court also denied leave for him to act as an agent for the corporation.
