What is the test for disqualification of counsel in a civil proceeding?
British Columbia, Canada
The following excerpt is from Bassett v Magee, 2018 BCSC 2322 (CanLII):
The right of any litigant to retain (and continue with) counsel of his choice, while not absolute, is one which has significant weight. Disqualification of counsel, and his removal from the record in ongoing proceedings, civil or criminal, is a step that should not be undertaken where there is a clear, responsible alternative and where such an order is not mandated by fundamental fairness and the public interest in the due administration of justice, as interpreted in Martin v. MacDonald, supra. … [Emphasis in original, citations omitted.]
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