“The following principles guide whether counsel should be permitted to withdraw:
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- A court should allow counsel to withdraw for any reason if such request is made far enough in advance of any scheduled proceeding such that its adjournment will not be necessary;
- Even if timing is an issue, a court must accept at face value counsel’s evidence that the withdrawal is sought for ethical reasons and grant the withdrawal. “Ethical reasons” include a client asking counsel to act in violation of his or her professional obligation as well as a client who refuses to accept counsel’s advice on an important trial issue.
- However, if timing is an issue and counsel seeks to withdraw for any other reason, then the court may inquire further about counsel’s reasons so long as it does not reveal information that is subject to solicitor-client privilege. In these circumstances, removal may be denied if it would cause serious harm to the administration of justice: See Cunningham v Liles, 2010 SCC 10, paras. 46-54.”
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