What is the test to remove a lawyer from the record?

Ontario, Canada


The following excerpt is from 1914699 Ontario Ltd. v. Metrolinx, 2021 ONSC 8528 (CanLII):

The overarching test to be applied on a motion to remove a lawyer from the record is whether a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice requires it. This determination is fact-specific and based on an objective examination of all of the factors in the case and the specific reason why the motion is being brought: Karas v. Ontario, 2011 ONSC 5181 at para. 26.

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