What is the test to apply in a personal injury application?

Neighbourhood is correct that the test to be applied is that set out in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235 at 1260, and reconfirmed in Thorvaldson. The application judge referred to both cases. He identified the test to be applied as follows: Assuming that there is no consent [from the former client] for the lawyer to act, the test is: (a) did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand; and, (b) is there a risk that it will be used to the prejudice of the client. [Transcript of reasons for judgment delivered November 8, 2016, page 5, lines 28-33]