What is the test for a solicitor’s conflict of interest?
British Columbia, Canada
The following excerpt is from Salager v. Dye & Durham Corporation, 2017 BCSC 470 (CanLII):
In MacDonald Estate v. Martin, [1993] S.C.R. 1236, Sopinka J., for the majority, at para. 45, held that in determining whether there is a disqualifying conflict of interest, two questions must be answered: (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?
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