Thursday, March 14, 2013

Counsel ought not to speak to matters where personally involved even if no objection taken

Ricciuto v. Somers, 2013 ONCA 153 is a good reminder that counsel cannot be personally involved in a case:


[12]       This is not a case for costs.  Although we appreciate that the respondent did not object to Mr. C appearing as counsel either here or below, the reality is that he was a named respondent and that his conduct was central to the factual circumstances giving rise to both the application and this appeal.  He should not have appeared as counsel in either forum.


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