CASE NO. VOLUME PAGE
Cite as: Homburg v. S. Marque Inc., 1997 NSCA 195
RICHARD HOMBURG, FRANK S-MARQUE INC.
MATHESON, RON NELSON,
OCEAN REALTY CONSULTANTS (Respondent)
LIMITED, STAT ENTERPRISES
LIMITED, NEWEDGE TECHNOLOGIES
INCORPORATED and DOVER CAPITAL
CORPORATION
- and -
(Appellants)
C.A. No. 141800 Halifax, N.S. CROMWELL, J.A.
(orally)
APPEAL HEARD: December 2, 1997
JUDGMENT DELIVERED: December 2, 1997
WRITTEN RELEASE OF ORAL: December 4, 1997
SUBJECT: Barristers and Solicitors - Conflict of Interest and Duty - Removal of Counsel
SUMMARY: The solicitor was counsel of record for the plaintiff (respondent on the appeal) in an action in the Supreme Court in Bankruptcy. He was then appointed Registrar in Bankruptcy and the defendants (appellants on the appeal) brought an application before the Supreme Court to have him removed as counsel of record. The Chambers judge dismissed the application.
ISSUE: May the Registrar in Bankruptcy serve as counsel in a matter before the Supreme Court in Bankruptcy?
RESULT: The Court of Appeal allowed the appeal and declared that the solicitor could not act as Registrar in Bankruptcy and as counsel in matters before the Supreme Court in Bankruptcy. The Court had jurisdiction to intervene where the reasonable perception of the integrity of the administration of justice is adversely affected by counsel continuing to act. The Registrar has both judicial and administrative responsibilities in relation to matters before the Supreme Court in Bankruptcy and a reasonable, fair minded and informed person would inevitably conclude that the Registrar, when acting as counsel in a matter before the Court, stood in a position of special influence.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION, QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET. THE FULL COURT DECISION CONSISTS OF 5 PAGES. |