C-25.01 - Code of Civil Procedure

Section 192 Disposition versions

2020-12-11

192. If, before a case is taken under advisement, the lawyer of one of the parties withdraws, dies or becomes disqualified from practising as a lawyer, a formal notice must be given to the party to appoint another lawyer or send the other parties a notice of intention to self-represent. The party must answer the formal notice within 10 days after its notification. No pleading may be filed or judgment rendered during that time.

A party that revokes the mandate of its lawyer must notify its decision to the other parties and to the court clerk and state its intention to appoint a new lawyer or to self-represent.

The lawyer brought in as a substitute must, without delay, notify a representation statement giving the lawyer’s name and contact information to the other parties and to the court clerk.

If the party does not appoint a new lawyer, the proceeding continues as though the party were not represented. If the party does not comply with the case protocol or the rules of representation, any other party, if a plaintiff in the case, may request, without prior notice, that the case be set down for judgment, or, if a defendant in the case, that the application be dismissed.

A party represented by a lawyer is deemed to have been informed of another party’s lawyer’s death, disqualification or appointment to a public office that is incompatible with practice as a lawyer, without notification of the death, disqualification or appointment being necessary.

2014, c. 1, a. 192; 2020, c. 29, s. 30.

2016-01-01

192. If, before a case is taken under advisement, the lawyer of one of the parties withdraws, dies or becomes disqualified from practising as a lawyer, a formal notice must be given to the party to appoint another lawyer or send the other parties a notice of intention to self-represent. The party must answer the formal notice within 10 days after its notification. No pleading may be filed or judgment rendered during that time.

If the party does not appoint a new lawyer, the proceeding continues as though the party were not represented. If the party does not comply with the case protocol or the rules of representation, any other party, if a plaintiff in the case, may request that the case be set down for judgment, or, if a defendant in the case, that the application be dismissed.

A party represented by a lawyer is deemed to have been informed of another party’s lawyer’s death, disqualification or appointment to a public office that is incompatible with practice as a lawyer, without notification of the death, disqualification or appointment being necessary.

2014, c. 1, a. 192.