What is the test for determining a conflict of interest?
Ontario, Canada
The following excerpt is from Turbo Logistics Canada Inc. v. HSBC Bank Canada, 2009 CanLII 55292 (ON SC):
In determining the presence of a conflict of interest, a court must balance three factors, being i) the maintenance of the high standards of the legal profession and the integrity of the judicial system, ii) the right of litigants not to be deprived of their counsel without good cause and iii) the desirability of permitting reasonable mobility in the legal profession. See Macdonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235.
"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 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 test for determining an appearance of a conflict of interest? (Ontario, Canada)
What is the test for determining what is in a child's best interests in a custody matter? (Ontario, Canada)
How have courts treated the issue of conflict of interest in elections? (Ontario, Canada)
What is the test for determining whether a defendant has an interest in extending the limitation period of a claim? (Ontario, Canada)
When a lawyer appears as a witness in a civil proceeding, can the client waive a conflict of interest? (Ontario, Canada)
What factors should the court consider when determining a child’s best interests? (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)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for a judge to determine the best interest of the child in a custody case? (Ontario, Canada)
