REGULATION OF PROFESSION - Authority to regulate practice - Unlawful practice - Holding out

Law360 Canada (October 26, 2023, 6:13 AM EDT) -- Motion by defendant Fenwick Holdings Limited for an order compelling William Jordan (William) to cease acting as plaintiff’s counsel and/or legal representative. The plaintiff, William’s wife, suffered injuries while outside the defendant’s premises. William filed the claim on behalf of the plaintiff. William was not a practicing lawyer since he resigned as a member of the Nova Scotia Barristers Society (Society) and had been under disciplinary suspension. The defendant claimed that William could not represent the plaintiff due to conflict of interest, being the plaintiff's husband. Further, William witnessed the plaintiff's accident and had been involved in matters related to the plaintiff's health condition. The defendant found William’s representation inappropriate as a lawyer could not appear as a witness and counsel in the same proceeding. The plaintiff submitted that William represented her in a personal capacity, that to discharge him as her counsel would deprive her of her choice of counsel and that hiring of counsel would be expensive....
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