What is the relevant test and standard to apply to determine if there is a disqualifying conflict of interest?
British Columbia, Canada
The following excerpt is from Business Development Bank v. Interline Motor Freight Inc., 2013 BCSC 771 (CanLII):
... [In MacDonald Estate v. Martin] Sopinka J. set out the relevant test and standard to apply to determine if there is a disqualifying conflict of interest (see pp. 267-270). He held at p. 267 that the "probability of mischief" standard is not sufficiently high to satisfy the public requirement that there be an appearance of justice, stating "the test must be such that the public represented by the reasonably informed person would be satisfied that no use of confidential information would occur." Typically, two questions must be answered: (1) Did the lawyer receive confidential information attributable to a solicitor-client relationship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client?
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