R. v. Kinsella
Counsel's application to withdraw was granted because the respondent expressly instructed counsel not to proceed, counsel could not re-establish contact despite attempts, and ethical obligations required withdrawal; the Crown did not oppose and the appeal was adjourned to allow the Crown to proceed.
Source-derived case information.
- Citation
- 2020 NLCA 34
- Parties
- Appellant: Her Majesty the Queen in Right of Canada; Respondent: Patrick Kinsella
- Court
- Newfoundland and Labrador Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 October 2020
- Procedural Posture
- Appeal by Crown Against Acquittal / Application to Withdraw Counsel; Appeal Adjourned
- Outcome
- Application to withdraw granted; appeal adjourned.
- Legal Topics
- Withdrawal of Counsel, Adjournment, Crown Appeal, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Canada
Appellant
Patrick Kinsella
Respondent
Procedural Posture
Appeal by Crown Against Acquittal / Application to Withdraw Counsel; Appeal Adjourned
Legal Issues
- 1 Whether counsel may withdraw after the client directs counsel not to proceed on appeal
- 2 Whether withdrawal should result in adjournment to permit the Crown to proceed
Ratio Decidendi
Counsel's application to withdraw was granted because the respondent expressly instructed counsel not to proceed, counsel could not re-establish contact despite attempts, and ethical obligations required withdrawal; the Crown did not oppose and the appeal was adjourned to allow the Crown to proceed.
Court Disposition
Application to withdraw granted; appeal adjourned.
Orders
- Leave granted for Randolph Piercey, Q.C. to withdraw as counsel for Patrick Kinsella.
- The appeal, set for October 22, 2020, was adjourned to permit the Crown to take the steps necessary to proceed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Citation: R. v. Kinsella, 2020 NLCA 34 Date: October 8, 2020 Docket Number: 201901H0092 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA APPELLANT AND: PATRICK KINSELLA RESPONDENT Coram: Welsh J.A. Court Appealed From: Provincial Court of Newfoundland and Labrador, St. John’s Application Heard: October 8, 2020 Decision Rendered: October 8, 2020 (Orally) Memorandum of Disposition Filed: October 8, 2020 Counsel for the Appellant: David Schermbrucker Counsel for the Respondent: Randolph Piercey, Q.C. Page 2 MEMORANDUM OF DISPOSITION Welsh J.A.: [1] This is an application by Randolph Piercey, Q.C. to withdraw as counsel for Patrick Kinsella in the appeal by the Crown against Mr. Kinsella’s acquittal. The application was granted at the hearing. [2] In July, Mr. Kinsella left a telephone message directing Mr. Piercey not to proceed as his counsel on the appeal. Since that time, Mr. Piercey has been unsuccessful in several attempts to contact Mr. Kinsella by telephone and by mail. Although Mr. Piercey filed the respondent’s factum in June, he submitted that it would be unethical for him to proceed with the appeal in light of Mr. Kinsella’s message. I agree. In the circumstances, Mr. Piercey’s application was not opposed by the Crown. [3] Accordingly, Mr. Piercey’s application to withdraw as counsel was granted. The appeal, which was set to be heard on October 22, 2020, was adjourned to permit the Crown the opportunity to take the steps necessary to proceed with the appeal. _______________________________ B. G. Welsh J.A.