Conflict of interest was the foundation of these concerns. The moving party’s point of departure was the caution in Young v. Young, 1993 CanLII 34 (SCC),  4 S.C.R. 3, at para. 254, that a lawyer should not be placed in a situation where his or her fear of an adverse costs order may conflict with the lawyer’s duty to bring forward with courage even unpopular causes.
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