Simon's Legal Resources

Open Court - Statutory - Counsel Removal from Record [RCP 15.04]

. Harripersad v. Wagner Sidlofsky LLP

In Harripersad v. Wagner Sidlofsky LLP (Div Ct, 2026) the Divisional Court illustrates the new 2025 'open court' restriction provisions of the R15.04 ['Motion by Lawyer for Removal as Lawyer of Record'].

The provisions require the moving counsel to redact information that is solicitor-client privileged or otherwise "prejudicial to the client" from any public filings respecting the motion:

[2] Having reviewed the material filed on the motion, including the portions which have been redacted from the public record pursuant to r. 15.04(1.2) and (1.3), I am satisfied that the solicitor-client relationship has broken down to the point that counsel cannot continue to effectively represent the clients. I therefore grant the motion and order that Z Legal P.C. be removed as lawyers of record for the appellant.

....

[5] As the redacted portions of the motion record contain material that is protected by solicitor-client privilege, I am satisfied that a sealing order is necessary based on the principles set out in Sherman Estate v. Donovan, 2021 SCC 25, [2012] 2 S.C.R. 75, at para. 38.