It is important to keep in mind that the merits of applications seeking to have counsel withdraw from representing an opposing party by reason of lateral transfers hinge on the peculiar circumstances obtaining. While adequate measures to dispel the risk of disclosures are indispensable to the success of such motions involving lateral transfers, they are not the exclusive criteria. In the circumstances presented in Martin v. Gray there was no need to go beyond inquiry into whether reasonable steps to dispel risk of disclosure were put in place. Reasonable measures had not been taken, and the order at first instance removing the solicitors of record was reinstated. The absence of such measures was determinative. There was no need to address other considerations.
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