r v. Morgan, 2019 NLCA 49

Rodney Miller (applicant/appellant) v. Angel Morgan (respondent) (19/47) Indexed As: Miller v. Morgan 2019 NLCA 49 4 C.A.N.L.R. 684 Court of Appeal of Newfoundland and Labrador Welsh J.A. August 1, 2019

Summary: Counsel for Mr. Miller applied to withdraw as counsel of record. She advised that the solicitor-client relationship had broken down to the extent that it was no longer possible to obtain instructions or to represent Mr. Miller. She further advised that Mr. Miller’s legal aid certificate, which was the basis for her representation, had been cancelled. Counsel for Ms. Morgan opposed the application on the basis of a concern with delay in proceeding with Mr. Morgan’s application to strike the notice of appeal. Held: Application granted.

Welsh J.A.: The application to withdraw as counsel of record was granted. The Court was satisfied that the solicitor-client relationship between Mr. Miller and his counsel had broken down and that it had become impossible for counsel to obtain instructions. Directions with respect to Ms. Morgan’s application to strike the notice of appeal were also provided (paragraphs 3-5). Counsel: G. Lori Savory, for the applicant/appellant; Desmond Parsons, for the respondent. The application was heard and judgment rendered orally on August 1, 2019 by Welsh J.A.

The following memorandum of disposition was filed on August 1, 2019 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [ 1 ] This is an application for an order allowing counsel for Mr. Miller to withdraw as counsel of record. Counsel advised that the solicitor-client relationship has broken down to the extent that it is no longer possible for her to obtain instructions or to represent Mr. Miller. In addition, counsel advised that Mr. Miller’s legal aid certificate, which was the basis for her representation, was cancelled on July 16, 2019. [ 2 ] Counsel for Ms.

Morgan opposed the application to permit counsel to withdraw as counsel of record for Mr. Miller on the basis of a concern with delay in proceeding with Ms. Morgan’s application to strike the notice of appeal. [ 3 ] At the hearing, I granted the application permitting counsel to withdraw as counsel of record for Mr. Miller, with no order as to costs, both parties being represented pursuant to legal aid certificates. I was satisfied that the solicitor-client relationship has broken down and that it has become impossible for counsel to obtain instructions. [ 4 ] Although Mr.

Miller was not present in Court, I was satisfied that sufficient action had been taken to ensure that he received notice of the hearing. In particular, following difficulty in locating Mr. Miller, the documentation was delivered to his mother at the address Mr. Miller had given. Mr. Miller’s mother undertook to provide the information and documentation to Mr. Miller.

[ 5 ] In addition to granting the application permitting counsel to withdraw as counsel of record for Mr. Miller, I gave directions regarding Ms. Morgan’s application to strike the notice of appeal. The hearing of that application has been set for September 10, 2019 at 10:00 a.m. Further, unless Mr. Miller provides new information, counsel for Ms. Morgan was given leave to serve documents on Mr. Miller by delivering them to Mr. Miller’s mother at the address Mr. Miller had given. Application granted.