Imperial Oil Ltd. v. Lubrizol Corp.

T-577-87

Nadon J.

20/1/99

Application by plaintiff to remove law firm of Lang Michener as solicitors of record for defendants-Plaintiff seeking to set aside under R. 1733 judgment of Cullen J. plaintiff Imperial Oil infringed defendants' patent-Thrust of plaintiff's case Dr. Fred Billmeyer Jr. expert witness retained by defendants, deliberately misled Cullen J. in knowingly giving false evidence during trial-Counsel for plaintiff submitting Lang Michener should be removed in view of likelihood lawyers of that firm will testify at trial-No indication defendants, plaintiff intend to call lawyers from Lang, Michener to prove case-Motion to disqualify lawyers should be approached in flexible way-Each case to be considered on own merits-Premature to remove Lang Michener as solicitors for defendants-Ongoing participation of certain lawyers of Lang Michener neither discrediting, nor tending to discredit, administration of justice-Protection of public's confidence in administration of justice not, at present time, requiring removal of Lang, Michener-If and when lawyer of Lang Michener called upon to testify, matter to be dealt with so as to safeguard integrity of administration of justice-Application dismissed-Federal Court Rules, C.R.C., c. 663, R. 1733.