What is the leading authority in the examination of conflict of interest involving solicitor and client?

Saskatchewan, Canada

The following excerpt is from Thompson v. Thompson, 1999 SKQB 33 (CanLII):

The leading authority in the area of an examination of conflict of interest involving solicitor and client is found in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1991] 1 W.W.R. 705 (S.C.C.).

In MacDonald Estate v. Martin the plaintiff brought an action against the defendant for an accounting. The defendant's solicitor was assisted by a junior member of the firm, who was actively engaged in the file and who was privy to many confidences disclosed by the defendant. Some years later the junior joined the firm which represented the plaintiff. The plaintiff had been represented by the same firm for some years, and as the matter neared trial was reluctant to change solicitors. Affidavits were sworn that the case had not been and would not be discussed with the junior. The junior also swore that she had not betrayed and would not betray confidences. The defendant obtained an order declaring the plaintiff's firm ineligible to continue to act as solicitors of record for the plaintiff and removing the firm as solicitors of record. The decision was reversed on appeal. The defendant appealed further. The sole issue was the appropriate standard to be applied in determining whether the plaintiff's firm was disqualified from continuing to act in the case by reason of conflict of interest.

Other Questions

What is the test for enforceability of an agreement in which a client is required to attend the office of the solicitor acting for her husband? (Saskatchewan, Canada)
What is the test for disqualifying counsel on the grounds of a conflict of interest? (Saskatchewan, Canada)
Does a solicitor have authority to engage in proceedings in interpleader? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
What is the test for dismissing an appeal against a finding that a solicitor acted as a solicitor in relation to the sale of a property in 1940? (Saskatchewan, Canada)
Can a police officer conduct his own case and examine and cross-examine witnesses in a summary trial? (Saskatchewan, Canada)
Does a Traffic Safety Court Justice of the Peace (JPS) have any authority or authority to reject or reject the evidence presented by the defence? (Saskatchewan, Canada)
Can confidential communications between solicitor and client be privileged? (Saskatchewan, Canada)
Does solicitor-client privilege apply to invoices of lawyers? (Saskatchewan, Canada)
Is a mortgagee who has made a loan on mortgage, but has not executed the mortgage deed, bound to give effect to a proviso that reduces the interest rate of interest on punctual payment? (Saskatchewan, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.