It’s Never Too Late: Lawyer For Appellant Removed From Record 17 Days Before Appeal

Take a coffee break with Melanie Larock and read a weekly blog post about family law decisions released by the Court of Appeal for Ontario.

---

In Brown v. Williams, 2023 ONCA 730 (released November 1, 2023, please click here for full decision), the lawyer for the appellant sought to be removed from the record. The opposed motion for removal was heard 17 days before the appeal was scheduled to be heard. The Court of Appeal nevertheless granted the motion finding that the appellant would not be “materially prejudiced” and the “appeal was not complicated.” The lawyer had given the client “adequate notice of the need to appoint new counsel expeditiously.”

The Court of Appeal cautioned the appellant that if he needed to request an adjournment of the appeal he would have to do so quickly and there was no guarantee that an adjournment would be granted.

There was no mention of an ethical issue but brief comment about the client’s lack of communication and failure to pay the full amount provided for in the retainer. The Court stated that the removal motion could not have come as a surprise to the client.

As the Court of Appeal commented on earlier this year, it is rare for a court to refuse to permit a lawyer to get off the record. These motions are discretionary and involve a balancing of the interests of the client and the administration of justice.

---

About Melanie Larock

Melanie Larock is a family law litigator and a partner in Thomson Rogers’ Family Law group. Melanie’s focus is on all areas of family law with a particular emphasis on complex financial issues and high conflict parenting disputes. Melanie was trained by an illustrious litigator, and she is a self-proclaimed evidence law nerd.