Can a law firm representing the respondent in a personal injury action be restrained from acting for the respondent?
British Columbia, Canada
The following excerpt is from Dyer v. Dyer, 2016 BCSC 1115 (CanLII):
In Salley v. Salley, 2001 BCSC 473, the claimant wife in matrimonial proceedings applied for an order that the law firm representing her husband be restrained from acting for him. A senior lawyer who was former counsel for the claimant from 1995 to 2001 had joined the firm representing the respondent in February 2010, as a result of the merger of her law firm with the firm of respondent's counsel. In June 2010, the respondent personally advised the claimant that her former counsel had joined the firm acting for him. On July 12, 2010, counsel then acting for the claimant wrote to the respondent's counsel taking the position that as a result of the claimant's former counsel joining his firm, he was disqualified from continuing to act for the respondent.
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