What is the current state of the law on solicitor-client relationship?

Manitoba, Canada


The following excerpt is from Simmonds v. Dalmyn, 1993 CanLII 9327 (MB CA):

Another recent case of solicitor-client relationship was Morton v. Asper, supra. Lay perception was commented upon by Jewers J. (at p. 384): It reduces itself to a matter of appearance and perception: The plaintiffs' former solicitors have now joined the other side. They have a great deal of confidential information going to the very heart of the plaintiffs' case which would be of inestimable value to the opposition. I have already said that I am confident that they have not and will not divulge this information; however, the Code of Ethics says that they should not be in a position where they might be tempted or appear to be tempted to do so. I do not say they might be tempted to do so, but to the plaintiffs and to interested members of the public, they might very well appear to be tempted.

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