What is the test for whether a lawyer was an unwitting dupe or knowing participant in providing the advice underlying the wrongful conduct?
British Columbia, Canada
The following excerpt is from McDermott v. McDermott, 2013 BCSC 534 (CanLII):
It is immaterial whether the lawyer was an unwitting dupe or knowing participant in providing the advice underlying the wrongful conduct: Solosky at 835-836. Rather, the key consideration is the intention and state of mind of the client at the time the advice was obtained: Donell v. GJB Enterprises Inc., 2012 BCCA 135 at paras. 69-70; Blue Line Hockey at para. 34.
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