In my view, the position taken by the plaintiff is correct. A motion to remove counsel for the opposing party is not one to be taken lightly. If there is a suggestion that opposing counsel was in possession of privileged material, sufficient evidence should be filed to allow the court to determine whether the material is privileged or not. The test set out in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC),  3 S.C.R. 1235, relating to removal of counsel, applies only when counsel has or may come into possession of clearly privileged or confidential material.
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