• Decision to not Remove Solicitors as Counsel for the Defendants Upheld on Appeal
  • April 17, 2017 | Authors: Jillian Brenner; Adrian J. Howard; Beverley Moore; Chantal Saunders
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • Sike v. Encana Corporation, 2017 FCA 37

    The Federal Court of Appeal upheld a decision of the Federal Court dismissing an appeal from the Prothonotary's order wherein he refused to remove counsel as solicitors of record for the Defendants. In the underlying motion, the Plaintiffs had argued that when they were seeking counsel for this proceeding they had imparted confidential information to the solicitors who are now counsel to the Defence (Prothonotary's decision: 2016 FC 110, our summary here; Federal Court's decision: 2016 FC 671, our summary here).

    The Court of Appeal reviewed the Prothonotary's decision and found that the conclusion that no information relevant to the matter in issue had been conveyed was open to the Prothonotary on the evidence before him. Therefore, the Court of Appeal concluded that the Federal Court judge had no reason to intervene, and that the appeal should accordingly be dismissed.