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Carby-Samuels v. Canada ( Treasury Board )

A-241-93

Hugessen J.A.

18/11/93

2 pp.

Application to be removed as solicitor of record based on client's refusal to pay further retainer of $800 in addition to $5,000 already paid and solicitor's loss of confidence in client -- Solicitor had offered to complete case through to final hearing on merits for balance remaining in trust account -- $800 to cover additional cost of transferring matter to Trial Division where should have been brought -- Not entitled to further remuneration either in connection with transfer, or with this application -- Duty to complete client's case -- As client expressing continuing confidence in solicitor, latter not entitled to abandon client on flimsy pretext advanced -- Application dismissed -- Solicitor ordered to continue to perform duty to Court and to client.

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