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CAE Machinery Ltd. v. Valon Kone Brunette Ltd.

T-1658-98

Hargrave P.

21/12/99

3 pp.

Oral motion on behalf of defendant Valon Kone Brunette Ltd. (VKB) to remove MacKenzie Fujisawa Brewer Stevenson as counsel for other defendant Realsearch Inc.-MacKenzie Fujisawa acted for both VKB, Realsearch Inc.-Successful in having themselves removed from record as counsel for VKB by reason of conflict in acting for two defendants-New counsel for VKB basing motion on BC Law Society rules of conduct provisions that where counsel acts for clients jointly but feels that, by reason of conflict, one must be sent away, counsel must, subject to informed consent of all clients, send away both clients-Court has jurisdiction, in appropriate case, to have counsel removed as counsel of record-Such order not to be made in factual vacuum, solely on basis of law society rules of conduct-Motion adjourned.

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