Does a husband’s phone conversation with a lawyer on his cell phone about the possibility of him representing his wife preclude him from retaining the same lawyer later?

Ontario, Canada


The following excerpt is from Wyn v. Vanden Broek, 2011 ONSC 4730 (CanLII):

in Tauber v. Tauber [9] the court held that a wife’s seven minute phone conversation with a lawyer on his cell phone in his car about the possibility of his representing her did not preclude her husband from retaining the same lawyer later. There, the court first determined there was never a solicitor-client relationship. Second, the court accepted the lawyer’s evidence he did not receive any confidential information. Third, the court was concerned the removal motion was motivated by strategy and tactics. The court declined to find either a potential client relationship or the provision of confidential information.

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