We are pleased to share another important result this time obtained by our associate, Karan Banipal in Ladhar Estate v. Ladhar, 2025 BCSC 1782.
The plaintiff sought to disqualify Amanda James and Apna Law LLP from acting for the defendants in a complex estate dispute involving multiple family members, corporate entities, and properties. The application alleged a conflict of interest based on Ms. James’ previous employment with another firm.
The Challenge
The plaintiff argued that Ms. James’ earlier employment at her previous law firm, which much later employed a lawyer connected to the family, created an “interwoven” conflict. The plaintiff sought to prevent Ms. James and Apna Law LLP from continuing to represent the defendants even though she had left that prior firm 15 months before the lawyer in question joined it.
The Win
On June 9, 2025, Justice Sharma dismissed the application in its entirety. The Court held:
- No risk of confidential information: Because Ms. James had left her former firm long before the other lawyer joined, and there was no possibility of confidential information passing between them.
- Speculation is not enough: Courts will not assume lawyers breach their ethical duties; actual evidence of risk is required.
- Clients’ choice matters: The defendants had already their previous law firm disqualified in Ladhar v. Ladhar, 2024 BCSC 153, and with a 40-day trial scheduled in June 2026, their right to counsel of choice carried significant weight.
- Practical advantage: Ms. James’ knowledge of the file was a meaningful benefit to the defendants, reducing cost and delay.
Why It Matters
This ruling safeguards the defendants’ right to have the lawyer of their choice and reinforces an important principle: disqualification of counsel is an extraordinary remedy, not to be used without clear evidence of risk, or for tactical reasons.
For our team, it is a testament to the skilled advocacy of Karan Banipal, who successfully argued that neither Amanda James nor Apna Law LLP should be forced off the record.
Our clients can continue with confidence knowing that their legal team remains in place — prepared, experienced, and committed to protecting their interests in complex litigation matters.
If you find yourself in need of experience litigators for an Estate or Wills Variation matter, contact Apna Law LLP.
