How have the courts dealt with conflicts of interest in law?

Ontario, Canada


The following excerpt is from Merry v. Schenk, 1995 CanLII 8893 (ON CJ):

[33] In MacDonald Estate v. Martin, the facts are accurately set out in the headnote as follows: The respondent was administrator with the will annexed of an estate and brought this action against the appellant and the corporate defendant for an accounting. The respondent was represented by one particular solicitor with the aid of others in the firm. The appellant was originally represented by a solicitor who was later appointed to the bench. That solicitor was assisted by a graduate articled student who later became a junior in the firm. When her principal was appointed to the bench, she left the firm and joined another. Two years later, she and other members of that firm joined the firm representing the respondent, but she was not involved with this litigation. The litigation had been going on for some nine years and was drawing to its conclusion. One discovery was still required, after which the parties expected to be able to set the case down for trial. The appellant brought a motion for a declaration that the respondent’s firm was ineligible to continue to act for the respondent, because of the junior’s conflict of interest. She was on pregnancy leave and the firm undertook, if necessary, to have her work out of her home until the case was finished or cease work for the firm during that time. The respondent wished to retain the particular lawyer who had been her principal as his counsel. He and she filed affidavits showing that no breach of confidence had occurred. The motion was granted at first instance, but an appeal was allowed.

Other Questions


Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
In what circumstances will a court in Canada appoint counsel in Poland to represent the interests of the respondent in the Court of Appeal? (Ontario, Canada)
How have courts dealt with contempt cases where a contemnor disregarded a court order to deliver business records? (Ontario, Canada)
How has the court dealt with the lack of compliance with court orders? (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)
How have courts treated the issue of conflict of interest in elections? (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)
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in a claim for non-dissipation of assets? (Ontario, Canada)
What is the impact of a court's consideration of time spent preparing for, travelling to and attending court on a motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.