Monday, March 5, 2012

Designation of counsel does not allow delegation to agent

It is common for accused not to attend court but to allow counsel to attend on their behalf on the basis of a designation naming counsel. In Ontario the counsel so named often sends an agent: R v Golyanik [2003] O J No 346. The New Brunswick Court of Appeal has said this practice is in error and sub delegation to an agent is improper: R v Trites 2011 NBCA 55. While this author suspects the New Brunswick decision will be confined to its home province it is a decision to keep in mind -- best avoid sending agents on a delegated matter.

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