Terrigno v Weal

canada, canadian, case law, court opinion, canlii, abca, 2026abca300, 2026 abca 300 (canlii), 2026, abca, 300, (canlii), 2501-0355ac, 2026, professional responsibility, counsel disqualification, advocate, witness rule, right to retain and continue with counsel of choice balanced against repute of the administration of justice, law society of alberta code of conduct, rule 5.2, 1 considered as public policy, removal of counsel and firm where counsel is depicted in videos, appeal dismissed, professional responsibility, test for removal, public confidence, whether proper consideration is fair, minded reasonably informed member of the public, whether removal requires lawyer “likely” to be a witness and not a mere possibility, hazelwood v schlotter and forward applied, no misinterpretation of applicable law, appeal dismissed, professional responsibility, likely witness, video authenticity, whether conclusion that counsel is a “likely” witness was speculative, counsel depicted in both videos and intended to be called to authenticate videos, authenticity held a “central issue” for justification and fair comment, no reviewable error in context, sensitive conclusions, appeal dismissed, procedure, issue estoppel, abuse of process, whether default judgment finding a video “not authentic” was binding on non, parties, mutuality of parties required for issue estoppel not present, no integrity concern engaging doctrine of abuse of process, toronto (city) v cupe, local 79 applied, default judgment not determinative, appeal dismissed, professional responsibility, firm disqualification, loyalty and objectivity, whether disqualification properly extended beyond lawyer to entire firm, lawyer was partner and founder, “he is the firm”, harvard investments ltd v winnipeg (city) passage endorsed in forward applied, no reviewable error in disqualifying firm, appeal dismissed