What is the test for inferring that confidential information was imparted by a solicitor to a client on behalf of the client?
British Columbia, Canada
The following excerpt is from Lafarge Construction Materials Precast Division v. Lawson, 1995 CanLII 1976 (BC SC):
9 It is common ground that the principle applicable to applications of this nature is that stated by Sopinka, J. for the majority in Martin v. Gray (1990), 1990 CanLII 32 (SCC), 77 D.L.R. (4th) 249 (S.C.C.) at 268: In my opinion, once it is shown by the client that there existed a previous relationship which is sufficiently related to the retainer from which it is sought to remove the solicitor, the court should infer that confidential information was imparted unless the solicitor satisfies the court that no information was imparted which could be relevant. This will be a difficult burden to discharge.
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