Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information?

Newfoundland and Labrador, Canada


The following excerpt is from Rich v. The Queen, 2001 NLCA 39 (CanLII):

As already indicated, an unrebutted presumption that a lawyer subject to a lateral transfer received relevant confidential information gives rise to a concomitant presumption of risk that it will be prejudicially used. The second question, or “branch” as counsel puts it, of the test in Martin v. Gray asks if the presumption of that risk is also unrebutted.

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