What is the applicable test in the context of conflicts of interest?
Ontario, Canada
The following excerpt is from Building Failures Inc. v. 1168812 Ontario Inc., 2014 ONSC 1981 (CanLII):
The applicable test in respect of conflicts of interest was set out by Sopinka J. in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235 at para. 45: (1) Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client?
"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
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
Is there any case law that supports the argument that a public interest inquiry is in the "public interest" context? (Ontario, Canada)
In what circumstances will the court find that M.H. H. was not a "conflict of interest" in her defence in the context of her mental health case? (Ontario, Canada)
Is postjudgment interest payable upon a judgment which awards prejudgment interest? (Ontario, Canada)
Does a purchaser for value at a sheriff's sale who registers prior to registration of a prior unregistered beneficial interest have priority over the beneficial interest? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
Is KW entitled to partial indemnity costs in the context of his successful Winding-up Application? (Ontario, Canada)
