Farmer v. Hirtle

Farmer v. Hirtle

The disqualification application was dismissed because s.7.7.1 targets judges who relinquish practice and later return to it; Small Claims Court Adjudicators serve part‑time, retain bar membership and do not 'return to practice'; institutional materials and the Society's treatment (including Ruling 1996-1 and lack of amendment to s.7.7.1) show the rule was not intended to apply to Adjudicators; no evidence of bias or wrongdoing was alleged, and the clients' right to counsel of choice prevailed.

Citation
2015 NSSM 11
Parties
Respondent (client): Lloyd George Farmer; Respondent (client): Charlotte Rose Farmer; Applicant (lawyer): David R. Hirtle / Hirtle Legal Services Inc.; Applicant (lawyer): Allen C. Fownes / Fownes Law Offices Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 March 2015
Procedural Posture
Small Claims Court Taxation of Legal Fees / Preliminary Application to Disqualify Counsel (decision on Application)
Outcome
Application to disqualify Rubin Dexter dismissed
Legal Topics
Disqualification of Counsel, Judicial Impartiality and Perception, Applicability of Professional Conduct Rules to Adjudicators, Small Claims Court Jurisdiction and Informality
Source Language
English
Professional Responsibility Civil Procedure Administrative Law Contract (contingency Fee) Disqualification of Counsel Judicial Impartiality and Perception Applicability of Professional Conduct Rules to Adjudicators Small Claims Court Jurisdiction and Informality

Case Brief

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Parties

Lloyd George Farmer

Respondent (client)

Charlotte Rose Farmer

Respondent (client)

David R. Hirtle / Hirtle Legal Services Inc.

Applicant (lawyer)

Allen C. Fownes / Fownes Law Offices Inc.

Applicant (lawyer)

Procedural Posture

Small Claims Court Taxation of Legal Fees / Preliminary Application to Disqualify Counsel (decision on Application)

Legal Issues

  1. 1 Whether Chapter 7, Section 7.7.1 of the Nova Scotia Barristers' Society Code of Professional Conduct applies to former Small Claims Court Adjudicators
  2. 2 Whether Rubin Dexter should be disqualified from acting as counsel by reason of his prior office as an Adjudicator
  3. 3 Whether Adjudicators of the Small Claims Court qualify as 'Judges' for the purpose of professional conduct restrictions

Ratio Decidendi

The disqualification application was dismissed because s.7.7.1 targets judges who relinquish practice and later return to it; Small Claims Court Adjudicators serve part‑time, retain bar membership and do not 'return to practice'; institutional materials and the Society's treatment (including Ruling 1996-1 and lack of amendment to s.7.7.1) show the rule was not intended to apply to Adjudicators; no evidence of bias or wrongdoing was alleged, and the clients' right to counsel of choice prevailed.

Court Disposition

Application to disqualify Rubin Dexter dismissed

Orders

  • Disqualification application dismissed; Rubin Dexter may continue as counsel in these proceedings
  • Parties may file written submissions with respect to costs prior to entry of a formal order on costs