Motion by Lawyer for Removal as Lawyer of Record
 15.04 (1) A lawyer may move, on notice to his or her client, for an order removing him or her as lawyer of record.  O. Reg. 575/07, s. 13 (1). Notice to Other Parties (1.1) A motion under subrule (1) shall also be on notice to every other party, but a motion record need not be served on a party who is not the client. O. Reg. 537/18, s. 3 (1). Requirements Respecting Privileged, Prejudicial Information (1.2) The lawyer making the motion shall ensure that any information contained in the notice of motion or in the motion record that is subject to solicitor-client privilege or that could, if it were disclosed to another person, be prejudicial to the client, including the grounds for the motion, is redacted or omitted from the notice of motion and from the motion record before, (a) serving the notice of motion or, if applicable, motion record on a party other than the client; or (b) filing the notice of motion or motion record. O. Reg. 537/18, s. 3 (1). (1.3) The lawyer shall provide to the presiding judge or officer at the hearing the complete and unredacted versions of the notice of motion and motion record, which shall be returned by the judge or officer to the lawyer after the hearing and shall not form part of the court file. O. Reg. 537/18, s. 3 (1). Service on Client (2) Service on the client of the notice of motion, of the motion record and of any order removing the lawyer from the record shall be made, (a) personally or by an alternative to personal service under rule 16.03; or (b) by mailing a copy to the client at, (i) the client’s last known address, and (ii) another address, if any, where the lawyer believes the copy is likely to come to the client’s attention.  O. Reg. 42/05, s. 2 (1); O. Reg. 575/07, s. 1; O. Reg. 537/18, s. 3 (2). Party under Disability (3) Where the party for whom the lawyer is acting is under disability, the complete and unredacted notice of motion and motion record, and any order removing the lawyer from the record, shall also be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee, (a) on the Children’s Lawyer, if the party is a minor; or (b) on the Public Guardian and Trustee, in any other case. O. Reg. 259/14, s. 5; O. Reg. 537/18, s. 3 (3). Contents of Order (4) The order removing a lawyer from the record shall include, (a) the client’s last known address, or the address for service if different; (b) another address, if any, where the lawyer believes the copy is likely to come to the client’s attention; (c) the telephone number and any e-mail address of the client; (d) if the client is a corporation, the text of subrules (6) and (7); and (e) if the client is not a corporation, the text of subrules (8) and (9).  O. Reg. 42/05, s. 2 (2); O. Reg. 575/07, s. 1; O. Reg. 689/20, s. 13; O. Reg. 248/21, s. 2. Requirements Following Service of Order on Client (5) As soon as possible after the order is served, (a) proof of service of the order, together with a copy of the order, shall be served on every other party; and (b) proof of service under subrule (2), subrule (3) (if applicable) and clause (a) shall be filed. O. Reg. 281/16, s. 4. Corporations (6) A client that is a corporation shall, within 30 days after being served with the order removing the lawyer from the record, (a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or (b) obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer.  O. Reg. 575/07, s. 13 (2). (7) If the corporation fails to comply with subrule (6), (a) the court may dismiss its proceeding or strike out its defence; and (b) in an appeal, (i) a judge of the appellate court may, on motion, dismiss the corporation’s appeal, or (ii) the court hearing the appeal may deny it the right to be heard.  O. Reg. 171/98, s. 1. Clients Other Than Corporations (8) A client who is not a corporation shall, within 30 days after being served with the order removing the lawyer from the record, (a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or (b) serve a notice of intention to act in person under subrule 15.03 (3).  O. Reg. 575/07, s. 13 (3). (9) If the client fails to comply with subrule (8), (a) the court may dismiss the client’s proceeding or strike out his or her defence; and (b) in an appeal, (i) a judge of the appellate court may, on motion, dismiss the client’s appeal, or (ii) the court hearing the appeal may deny the client the right to be heard.  O. Reg. 42/05, s. 2 (3).