The defendants sought leave to appeal a decision dismissing their motion to remove the plaintiff's counsel.
The defendants argued that a partner at the plaintiff's law firm was a compellable witness regarding mitigation efforts in the underlying negligence action.
The Divisional Court granted leave to appeal, finding that the motion judge's approach to determining whether the lawyer was a compellable witness conflicted with existing case law by failing to weigh all relevant factors.
The court concluded that the issue of right to counsel and potential conflicts of interest raised important principles warranting appellate review.
