Can a lawyer be removed from practice if there is no solicitor-client relationship?

Ontario, Canada


The following excerpt is from Watt v. Nicholls, 2011 ONSC 2814 (CanLII):

As alluded to in Tauber v. Tauber, supra, even if no solicitor-client relationship exists, a lawyer may be removed if the moving party satisfies his or her onus that the lawyer had the confidential information. The court in Paylove v. Paylove, supra also notes that it is not always necessary for a solicitor-client relationship to exist for a conflict to arise, and notes at para. 18 that “[i]t is sufficient if the lawyer and the ‘client’ had a relationship pursuant to which the lawyer, in his professional capacity, obtained from the ‘client’ confidential information related to the current litigation.” The commentary to the definition of “client” under Rule 1.02 of the Rules of Professional Conduct notes that an express retainer or remuneration is not required for a solicitor and client relationship to arise. Also, in Rosenstein v. Plant, supra, Blishen J. noted at para. 19: “It is not necessary for a lawyer to be actually retained before establishing a solicitor-client relationship relevant to the determination of a potential conflict of interest. . . . [citing Power v. Zuro] Such a relationship arises as soon as the potential client has his or her first dealings with the lawyer or his staff in the process of seeking legal representation or legal advice.”

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