PRACTICE
Affidavits
Appeal from order appellants appoint new solicitors to prepare written submissions for and present oral argument at hearing of application to expunge trade‑marks—Appeal dismissed—Factors militating against having appellants’ solicitors prepare, argue case—Improper for solicitor to compromise independence by acting in proceeding in which member of firm has given affidavit evidence on point of substance.
Cross‑Canada Auto Body Supply (Windsor) Ltd. v. Hyundai Auto Canada (A‑419‑05, 2006 FCA 133, Sexton J.A., judgment dated 3/4/06, 5 pp.)
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