What is the effect of a solicitor/client relationship and confidential information which has been obtained in that relationship?
Alberta, Canada
The following excerpt is from R. v. Teskey, 1995 CanLII 9041 (AB QB):
The reasoning in MacDonald Estate v. Martin, supra, applies to the solicitor/client relationship and confidential information which has been obtained in that capacity. The case is authority for the proposition, to quote the words of Cory J. (p. 733): Where a lawyer who has had a substantial involvement with a client in an ongoing contentious matter joints another law firm which is acting for an opposing party, there is an irrebuttal presumption that the knowledge of such lawyer, including confidential information disclosed to him or her by the former client, has become the knowledge of the new firm.
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