What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest?
Newfoundland and Labrador, Canada
The following excerpt is from Rich v. The Queen, 2001 NLCA 39 (CanLII):
In the appeal, the appellants list the following questions for consideration by this Court: (1) What is the appropriate standard of appellate review? (2) Did the applications judge err in law in interpreting and applying the principles set out in Martin v. Gray? (3) Did the applications judge err in law in applying a test that effectively placed the burden of proof on the appellants to establish that the third respondent’s solicitors were in an irreconcilable conflict of interest and that confidential information passed to the third respondents? (4) Did the applications judge err in law in concluding that the failure of the third respondent’s solicitor to respond to inquiries from the appellants’ counsel regarding the conflict of interest issue was a matter that could be remedied in costs?
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