Can a delay in bringing an application to remove a lawyer from the file be considered a waiver of interest?
Nova Scotia, Canada
The following excerpt is from Johnson v. Rudolph, 2013 NSSC 210 (CanLII):
There is authority to the effect that: ... if a party is or should have been aware of a conflict of interest and unduly delays in bringing an application to have the impugned lawyer removed from the file, then such delay can operate as a waiver of any potential conflict of interest. (Bortnak v. Bortnak, 2011 SKQB 226, at para. 17).
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