What is the legal test for removing counsel?
Ontario, Canada
The following excerpt is from Milicevic v T. Smith Engineering, 2016 ONSC 2166 (CanLII):
Removal of counsel does not depend on whether the lawyer may be called as a witness but rather whether there is a real likelihood that counsel will be called as a witness at trial. See Graham v. Ontario, [2006] O.J. No. 763 (S.C.J.) at para 35.
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