What is the test for restraining a lawyer from acting in a family law case?
British Columbia, Canada
The following excerpt is from Wilson v. Brown, 2010 BCSC 249 (CanLII):
The facts of this case are similar in some respects to the facts in Rosin v. MacPhail. At paras 21, 23 and 24, Mr. Justice Esson noted, in effect, that the possibility of mischief could exist, even where the previous retainer was many years earlier, and the lawyer could not recall receiving any confidential information that could be relevant to the present litigation. Additionally, Esson J.A. expressed the following opinion at para. 25: . . . the discretion to restrain a lawyer from acting may be applied more readily in the context of family law than in, say, commercial cases.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what cases have the courts restrained a lawyer from acting where the lawyer has previously acted jointly for another lawyer? (British Columbia, Canada)
What is the test for relying on ss. 160-162 of the Family Law Act, S.B.C. 2011, c. 25 [Family Law Act)? (British Columbia, Canada)
In a discrimination case where a complainant names as a respondent a lawyer who acted for another lawyer in the course of a discriminatory event, is the complainant required to waive solicitor-client privilege? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
Can a lawyer who is engaged as counsel in a family law case be removed from the record for having an intimate relationship with a client? (British Columbia, Canada)
What is the testator's family maintenance under the Testator's Family Maintenance Act? (British Columbia, Canada)
Can a spouse encumber a former family residence to facilitate an order pursuant to s. 89 of the Family Law Act? (British Columbia, Canada)
What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally? (British Columbia, Canada)
Is there an apt situation to find that Class F shares are family assets on the basis of s. 58(3)(a)(i) of the Family Law Act? (British Columbia, Canada)
