What is the impact of the Court of Appeal’s decision not to bar a lawyer from representing a client in a personal injury matter?

Ontario, Canada


The following excerpt is from SalDan v. Superior and Business Development Bank, 2014 ONSC 2979 (CanLII):

These factors must be weighed and considered against the overriding principle that it is of utmost importance to maintain the public’s confidence in the administration of justice. It is worthwhile to pay attention to the comments of Cory, J. in the MacDonald Estate v. Martin case, where he states at paragraphs 57 and 58: “My colleague stated that this appeal called for the balancing of three competing values, namely: the maintenance and integrity of our system of justice; the right of litigants not to be lightly deprived of their chosen counsel; and the desirability of permitting reasonable mobility in the legal profession. Of these factors, the most important and compelling is the preservation of the integrity of our system of justice. The necessity of selecting new counsel will certainly be inconvenient, unsettling and worrisome to clients. Reasonable mobility may very well be important to lawyers. However, the integrity of the judicial system is of such fundamental importance to our country and, indeed, to all free and democratic societies that it must be the predominate consideration in any balancing of these factors.”

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