Precedent - Application to Withdraw as Counsel

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Notice of Application

NOTICE TO WITHDRAW AS COUNSEL

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE TO WITHDRAW AS COUNSEL ' WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that before a Presiding Justice of the [name of inferior/superior court] of [province], on the [date] day of, [month], [year], at [time of chambers], at the [address of courthouse], the ... THE APPLICANT RELIES ON THE FOLLOWING GROUNDS The accused has an unfettered right to discharge his client at any time: R v Cunningham, 2010 SCC 10 at para 9. Defence counsel is permitted to withdraw for ethical reasons such that it is impossible to continue in good conscience: paras 48 to 49. ... [give a short description of the reasons to withdraw] … Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An order granting [defence counsel] to withdraw as counsel of record for the accused. FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [parties requiring notice] [contact info] AND TO: [other necessary parties] [contact info] cc. [other party where notice not legally required such as co-counsel, etc.]

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