PEARSON v PEARSON, 2020 ABCA 260
FRASER, WAKELING AND CRIGHTON JJA
2.24: Lawyer of record
2.28: Change in lawyer of record or self-representation
2.29: Withdrawal of lawyer of record
The Respondent in this matter had sought to enforce a spousal support award. Counsel for the Appellant appeared on his client’s behalf and sought an adjournment, as he claimed that the Appellant’s former counsel was still counsel of record. Though former counsel had issued a Notice of Withdrawal of Lawyer of Record and served it on the Appellant, she did not file the requisite Affidavit of Service. The Chambers Judge denied the adjournment. The Appellant appealed, arguing that denying the adjournment was procedurally unfair because the Appellant was not able to have his position advanced.
The Court of Appeal disagreed, holding that the Appellant could have appeared and asked to represent himself under Rule 2.24(2). The Court of Appeal also determined that failing to file the Affidavit of Service as required under Rule 2.29(1)(b) did not prevent new counsel from filing a Notice of Change of Representation. The Court of Appeal held that a Notice of Withdrawal of Lawyer of Record pursuant to Rule 2.29 is not required from a former lawyer when a new lawyer files a Notice of Change of Representation pursuant to Rule 2.28.View CanLII Details