What is the legal test for refusing to remove counsel as solicitor of record?

Ontario, Canada


The following excerpt is from Catholic Children’s Aid Society of Toronto v. F.H., 2011 ONCJ 428 (CanLII):

[12] The court has the authority to refuse counsel’s request to be removed as solicitor of record, but the authority must be exercised sparingly and only when necessary to prevent serious harm to the administration of justice. See The Queen v. Cunningham, 2010 SCC 10, [2010] 1 S.C.R. 331, 399 N.R. 326, 283 B.C.A.C. 280, 480 W.A.C. 280, 317 D.L.R. (4th) 1, 254 C.C.C. (3d) 1, 73 C.R. (6th) 1, [2010] S.C.J. No. 10, 2010 Cars­well­Yukon 21.

[13] In The Queen v. Cunningham, the court discussed the reasons in favour of courts’ exercising their jurisdiction to refuse a counsel’s request to be removed as solicitor of record in paragraph 22 as follows:

Other Questions


Can a counsel's request to be removed as solicitor of record be refused by the courts? (Ontario, Canada)
In what circumstances can a counsel be removed as solicitor of record? (Ontario, Canada)
Can a court order costs against a solicitor personally where the solicitor breached his or her professional obligations to opposing counsel or to the opposing counsel? (Ontario, Canada)
What factors must the court consider in deciding whether to grant a solicitor's solicitor removal motion? (Ontario, Canada)
What is the legal test for removing a solicitor? (Ontario, Canada)
In what circumstances will a court refuse to approve legal fees for a solicitor retained by a guardian? (Ontario, Canada)
Can a solicitor of record be removed because of a conflict of interest? (Ontario, Canada)
What is the legal test for removing counsel? (Ontario, Canada)
What is a solicitor's duty to return documents from opposing counsel that are governed by solicitor client privilege? (Ontario, Canada)
What is the test for removing a solicitor's personal feelings from the record? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.