What is the test for withdrawing a client's confidential information?

Newfoundland and Labrador, Canada

The following excerpt is from Rich v. The Queen, 2001 NLCA 39 (CanLII):

Under that test, once established that the transferee had had a previous relationship sufficiently connected to the matter from which it is sought to remove that lawyer and/or his or her firm, the strict American approach holds an irrebuttable presumption arises that confidential information was actually imparted to the lawyer. This would result in an automatic affirmative resolution not only to the first question put forth in the second paragraph from the last quoted extract from Martin v. Gray. It would lead also to a positive response to the question of whether a risk exists of the information being used to the prejudice of the former client, thereby justifying an order for withdrawal.

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