High-profile Canadian defence lawyer withdraws from Nygard case for ‘ethical reasons’ Manitoba judge grants first such application in Brian Greenspan’s 50-year career
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Hey there, time traveller!
This article was published 16/01/2024 (940 days ago), so information in it may no longer be current.
A prominent Canadian defence lawyer has withdrawn from disgraced fashion mogul Peter Nygard’s criminal case in Manitoba, arguing in a Winnipeg court he could no longer represent the convicted rapist for “ethical reasons.”
Toronto-based lawyer Brian Greenspan said it’s the first time in his 50-year career that he has requested to withdraw from a case.
“There’s been an irreconcilable breakdown in the solicitor-client relationship, and I’ll go further and simply say that it is now what I would call and characterize as adversarial,” Greenspan told provincial court Judge Stacey Cawley in a phone call Friday.
THE CANADIAN PRESS FILES/ Tijana Martin Brian Greenspan, the lawyer that was representing Peter Nygard, has withdrawn from the disgraced fashion mogul’s criminal case.
An affidavit submitted by lawyer Seth Weinstein — a partner at Greenspan’s firm — and read out by Cawley, stated the request was in his partner’s best interest and wasn’t about money.
The letter further said if the application wasn’t made it would be a breach of Greenspan’s professional duties as a lawyer.
“The withdrawal is sought for ethical reasons,” it said.
Nygard was charged in July with sexual assault and forcible confinement stemming from an alleged incident at his former company headquarters in Winnipeg in November 1993. The charge has not been tested in court.
Greenspan represented Nygard in a six-week trial last year in Toronto when he faced five counts of sexual assault and one count of forcible confinement in incidents alleged to have occurred between the 1980s and mid-2000s.
“There’s been an irreconcilable breakdown in the solicitor-client relationship, and I’ll go further and simply say that it is now what I would call and characterize as adversarial.”–Brian Greenspan
He was found guilty on four counts of sexual assault.
In addition to the Winnipeg charges, Nygard faces various criminal charges in Quebec and New York.
Speaking to Cawley via telephone from the Toronto Detention Centre, Nygard, 82, said he didn’t want to make the court appearance without an alternate lawyer present, but won’t secure new counsel without an assurance nearly three gigabytes of files related to the case would be transferred to his new counsel in an “amicable way.”
An email submitted to court before the hearing written by Nygard also accused his lawyer of making the request to drive up his fees.
“I’ve advised the court that I do not want to come to court… that’s what I advised before… that’s what I’m advising right now. I do not want to engage in this conversation,” he told the judge.
Greenspan refuted Nygard’s claim, telling court he would transfer the files to new counsel and made the application to withdraw at no cost to Nygard. Weinstein’s affidavit said the ask “does not relate to the non-payment of fees.”
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More details related to the application weren’t discussed due to client-solicitor privilege.
Appearing by phone, Rob Parker, the Saskatchewan-based prosecutor assigned to the case, confirmed his office would keep possession of the files until Nygard sorted out new counsel.
When given an opportunity to respond, Nygard said he’s been trying to sort out the issue between him and his lawyer in a “professional and non-confrontational” manner.
A law professor said while withdrawal applications happen from time to time, it’s not a common occurrence with a high-profile client such as Nygard.
There could be many reasons a lawyer asks to withdraw from representing their client, said Hassan Ahmad, an assistant professor of law at the University of British Columbia.
“It’s not necessarily for substantive reasons, it might just be for practical or financial reasons,” he said. “That client’s not accepting the lawyer’s advice or the lawyer is not following the client’s instructions? Or, are there other circumstances where the client can’t pay the bill?”
Ethical considerations such as a client asking a lawyer to act illegally or do something that would breach professional ethics codes are also grounds for asking to withdraw, Ahmad said.
The law professor made it clear, however, a weak case is not grounds to apply for a withdrawal.
Cawley ultimately granted Greenspan’s application, telling court that based on what she heard, it was required to maintain his professional and ethical obligations.
The judge referred Nygard to legal aid to sort out new counsel.
A trial date has not been set.
nicole.buffie@freepress.mb.ca
Nicole Buffie
Multimedia producer
Nicole Buffie is a reporter for the Free Press city desk. Born and bred in Winnipeg, Nicole graduated from Red River College’s Creative Communications program in 2020 and worked as a reporter throughout Manitoba before joining the Free Press newsroom as a multimedia producer in 2023. Read more about Nicole.
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