What is the test for allowing a lawyer to leave the solicitor’s office?

Nova Scotia, Canada


The following excerpt is from 2475813 Nova Scotia Ltd. v. Green, 2000 NSSC 101 (CanLII):

In MacDonald Estate v. Martin (1990), 1990 CanLII 32 (SCC), 77 D.L.R. (4rh) 249 S.C.C. Sopinka, J. stated at p. 67: Typically, these cases require two questions to be answered: (1) Did the lawyer receive confidential information attributable to the solicitor-and-client relationship relevant to the matter at hand:; (2) Is there a risk that it will be used to the prejudice of the client? And at p. 254: In resolving this issue, the court is concerned with at least three competing values. That there is first of all the concern to maintain the high standards of the legal profession and the integrity of our system of justice. Furthermore, there is the countervailing value that a litigant should not be deprived of his or her choice of counsel without good cause. Finally, there is the desirability of permitting reasonable mobility in the legal profession.

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