In what circumstances will a lawyer be required to disclose confidential information to a plaintiff in a personal injury case?

Ontario, Canada


The following excerpt is from Reid v. Nguyen, 2004 CanLII 51749 (ON SC):

On the issue of confidentiality and disclosure Justice Sopinka noted in McDonald Estate v. Martin, 1993 S.C.R. 1235, that in a conflict of interest motion the court must determine on the question of competing values, (i) A concern to maintain a high standard in the legal profession, which identifies and upholds the integrity of our legal system. (ii) That relative to the litigant challenge he should not be deprived of counsel of his choice without good cause. (iii) The desirability of permitting mobility in the profession.

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