What is the test for dismissing an application to prevent a client from disclosing confidential information?

British Columbia, Canada


The following excerpt is from Business Development Bank v. Interline Motor Freight Inc., 2013 BCSC 771 (CanLII):

In reaching the conclusion the application should be dismissed, I have also considered Baumgartner v. Baumgartner, 1995 CanLII 2354 (B.C.C.A.) per Southin J.A. at para. 28: ... as an application of this kind is, in effect, an application to the equitable jurisdiction of the court to protect the applicant from a loss of the confidentiality to which the solicitor/client relationship entitles him, it may well follow that the respondents to such an application, usually the opposing party and the solicitor in issue, may raise in answer, where the facts warrant it, the usual discretionary considerations, such as delay, which are relevant to equitable remedies.

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