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RULE 23
CHANGE OF SOLICITOR

Analysis



Notice of change of solicitor

23.01. (1) A party who sues or defends by a solicitor may change the solicitor without an order, but until notice of the change is filed with the Court and served on every other party, the former solicitor shall, subject to rule 23.05 or 23.06, be considered the solicitor of the party until the conclusion of the proceeding.

             (2)  The notice of change of solicitor may be signed on behalf of the party by the former solicitor or by the solicitor taking the former solicitor's place.

1986 c42 Sch D rule 23.01; 36/14 s25

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Notice of change of agent of solicitor

23.02. Where a solicitor changes a solicitor who is acting as the solicitor's agent in a proceeding, notice of the change shall be filed and served as provided in rule 23.01 and the provisions thereof shall apply with any necessary modification.

1986 c42 Sch D rule 23.02

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Notice of appointment of solicitor

23.03. Where a party, having sued or defended in person, appoints a solicitor to act on the party's behalf, the change may be made without an order, and rule 23.01 shall apply with any necessary modification.

1986 c42 Sch D rule 23.03

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Notice of intention to act in person

23.04. Where a party, having sued or defended by a solicitor, intends to act in person, the change may be made without an order and the provisions of rule 23.01 shall apply with any necessary modification, except that the notice of intention to act in person shall contain an address for service of the party giving it.

1986 c42 Sch D rule 23.04; 3/94

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Removal of solicitor from record at instance of another party

23.05. (1) Where

             (a)  a solicitor of a party has died, become bankrupt, cannot be found, or for any reason is unable to act, and

             (b)  the party has not given notice of change of solicitor or of intention to act in person in accordance with Rule 23,

any other party may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor of the first mentioned party, and an order may be made accordingly and contain such other terms as are just.

             (2)  Where an order is made under rule 23.05(1), the applicant shall serve on every other party a copy of the order and file it with the Court.

             (3)  An order made under rule 23.05 shall not affect the rights of the solicitor and party for whom the solicitor acted as between themselves.

1986 c42 Sch D rule 23.05; 36/14 s26

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Withdrawal of solicitor who has ceased to act for party

23.06. (1) Where a solicitor, who has acted for a party in a proceeding has ceased to so act and the party has not given notice of change in accordance with rule 23.01, or notice of intention to act in person in accordance with rule 23.04, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party, and the Court may so order, but unless and until the solicitor files the order with the Court and serves a copy of the order on every party, the solicitor shall be considered the solicitor of the party until the conclusion of the proceeding.

             (2)  An order made under rule 23.06 shall not affect the rights of the solicitor and the party for whom the solicitor acted as between themselves.

1986 c42 Sch D rule 23.06; 36/14 s27

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Advising the presiding judge

23.07. The Registrar shall advise the presiding judge of any change of solicitor.

1986 c42 Sch D rule 23.07