Application to Withdraw as Counsel (Precedent)
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Notice of Application
! NOTICE TO WITHDRAW AS COUNSEL
NOTICE TO WITHDRAW AS COUNSEL
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WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;
AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time] before a [indicate wether inferior/superior judge or a jury].
TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], the ...
THE APPLICANT RELIES ON THE FOLLOWING GROUNDS
- The accused has an unfettered right to discharge his client at any time: R v Cunningham, 2010 SCC 10 at para 9.
- Defence counsel is permitted to withdraw for ethical reasons such that it is impossible to continue in good conscience: paras 48 to 49.
- ...
- [give a short description of the reasons to withdraw]
- …
- Any additional grounds as counsel may advise and this Honourable Court may permit.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
- An order granting [defence counsel] to withdraw as counsel of record for the accused.
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:
In accordance with the appropriate Rules of Court,
[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_________________________________
[Counsel's name]
[Counsel's title]