In what circumstances will counsel be disqualified as a witness?
Ontario, Canada
The following excerpt is from R. v. Graham, 2006 CanLII 5607 (ON SC):
In Urquhart v. Allen Estate, supra, the client received independent legal advice and waived the conflict. Nevertheless, counsel was still disqualified as Gillese J. was of the view he was a likely witness.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will counsel representing two police officers be disqualified from cross-examination at an inquest? (Ontario, Canada)
Is there a duty on counsel to counsel in high conflict cases? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
In what circumstances will counsel be awarded costs for opposing a motion to extend the time for service of a response? (Ontario, Canada)
In what circumstances will the court order a lawyer not to advise opposing counsel before taking steps to note a defendant in default? (Ontario, Canada)
In what circumstances has the Court considered the adequacy of advice given by a duty counsel? (Ontario, Canada)
Can a witness testify as to statements made to that witness by someone else? (Ontario, Canada)
What is the test for determining if there are conditions for variation in circumstances where a change in circumstances is material rather than insignificant? (Ontario, Canada)
