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Application to Withdraw as Counsel (Precedent): Difference between revisions

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==Notice of Application==
==Notice of Application==
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Latest revision as of 21:31, 25 May 2025

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice of Application

! NOTICE TO WITHDRAW AS COUNSEL

Style of cause  



NOTICE TO WITHDRAW AS COUNSEL
'




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

  1. The accused has an unfettered right to discharge his client at any time: R v Cunningham, 2010 SCC 10 at para 9.
  2. Defence counsel is permitted to withdraw for ethical reasons such that it is impossible to continue in good conscience: paras 48 to 49.
  3. ...
  4. [give a short description of the reasons to withdraw]
  5. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. 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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]