Can a member of the bar throw up his brief without the court's consent?

Yukon, Canada


The following excerpt is from Cunningham v. Lilles, et al., 2006 YKSC 40 (CanLII):

Southin J.A., concurring, at para. 101, said: “. . . in this jurisdiction, a member of the bar has a right to throw up his brief without the court's consent and a judge has no right to require him to continue. This constraint on judicial power may not be without some limitations but in this case I need not consider what those limitations may be. Leask v. Cronin . . . is about that right of members of the bar.” (emphasis added)

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