What is the applicable law regarding conflict of interest?
Newfoundland and Labrador, Canada
The following excerpt is from Bussey v. White, 2001 NFCA 7 (CanLII):
All parties agree that the applicable law regarding conflict of interest is that stated by Sopinka J. in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235. This was recognized by the chambers judge in his decision. In this case, however, the chambers judge found it necessary to deal with only the first of the two questions which Sopinka J. posed to determine issues of conflict of interest regarding solicitors. That is: Did the lawyer receive confidential information attributable to a solicitor-and -client relationship relevant to the matter at hand?
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