What is the legal test for disclosing confidential information?

Ontario, Canada


The following excerpt is from Cy Rheault Construction Ltd. v. Danark Enterprises Limited, 2018 ONSC 3016 (CanLII):

As was stated in MacDonald Estate v. Martin, 1990 Carswellman 233: In determining whether a disqualifying conflict of interest exists, the court is concerned with balancing three competing values: the maintenance of the high standards of the legal profession and the integrity of the judicial system, the right of litigants not to be deprived of their counsel without good cause, and the desirability of permitting reasonable mobility in the legal profession…the appropriate test must be such that the public, represented by the reasonably-informed person, would be satisfied that no use of confidential information would occur.

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