Can a party argue conflict of interest in an action where the intent is simply to hamper the case by making an opponent change lawyers?
Ontario, Canada
The following excerpt is from Berman v. Schwartz, 2012 ONSC 6851 (CanLII):
I am certainly of the view that a party cannot be permitted to argue conflict of interest where the intent is simply to hamper the case by making an opponent change lawyers. As courts in the United States have often put it, conflict issues cannot be used by a party “as both a shield requiring disqualification of [opposing counsel] and a sword to prove [or improve] her claims.” Twin Caliber (MA) LLC v. Furey, 20 LCR 139 (Mass, 2012). One must be wary of that possibility where a party to a dispute, who suffers no conflict himself, tries to disqualify an adversary’s legal counsel in the middle of litigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the continued conflict between the parties a material change in circumstances for a change in a restraining order? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
Can a party who makes unfounded allegations against lawyers acting for the opposing party be sanctioned by the court with indemnity costs? (Ontario, Canada)
Can a party to a personal injury action be regarded as a "voluntary" party to the action? (Ontario, Canada)
If the parties cannot agree on the issue of costs in a personal injury action, can the parties make written submissions to the Respondent to the Application to the Court of Appeal? (Ontario, Canada)
What is the test for a lawyer to be found in a conflict of interest? (Ontario, Canada)
Is a comment made by a party to a party’s communications entitled to be impugned as a matter of public interest? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
When a lawyer appears as a witness in a civil proceeding, can the client waive a conflict of interest? (Ontario, Canada)
