In what cases have the courts restrained a lawyer from acting where the lawyer has previously acted jointly for another lawyer?

British Columbia, Canada

The following excerpt is from L.T. v. E.T., 2002 BCSC 1389 (CanLII):

E.T.'s counsel referred me to two cases in which the court restrained a lawyer from acting where the lawyer had previously acted jointly for the complaining party and another party. Both cases were prior to Martin v. Gray, although the second one was mentioned in that case.

The first is Goldberg v. Goldberg, a 1982 decision of the Divisional Court of the Ontario High Court of Justice. A disqualification application there was brought with respect to a matrimonial case. In the underlying lawsuit, there was an issue regarding the extent of the wife's contribution to the management of the company which operated her husband's dental practice. The court said that the lawyers in question were acting for both parties jointly, when the lawyers would have gained information about the extent of the wife's contribution. In those circumstances, the court held it was not appropriate for the lawyers to act for the husband against the wife.

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