What is the test for a preliminary objection against Chivers Carpenter?
Alberta, Canada
The following excerpt is from Alberta Union of Provincial Employees v. United Nurses of Alberta, Local 168, 2008 CanLII 51089 (AB LRB):
The second aspect of the preliminary objection, which the parties had agreed at our June 27th hearing was to be reserved pending the decision on the first aspect, deals with the allegation that because Chivers Carpenter is in possession of confidential information of AUPE it is in a position of conflict, based on the test described in MacDonald Estate v. Martin 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235.
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