What is the test for counsel to be able to be a witness in a contentious matter?
Ontario, Canada
The following excerpt is from Laidley v Santoro, 2018 CanLII 141562 (ON SCSM):
Counsel cannot also appear as witness on a contentious matter. First, this may result in a conflict of interest between counsel and his client. Second, the administration of justice may be affected, because of counsel’s dual roles. Counsel owes objectivity and detachment to the court, but is obliged to his client to present evidence in as favourable a light as possible. This is a conflict between counsel and the justice system: Urquhart v. Allen Estate, [1999] O.J. No. 4816.
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