Can a solicitor be found to have imparted confidential information from a solicitor/client relationship?
Ontario, Canada
The following excerpt is from Lamanna v. Lamanna, 2009 CanLII 33046 (ON SC):
In MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) S.C.C. 249, Mr. Justice Sopinka dealt with the issue of confidential information emanating from a solicitor/client relationship and his comments are insightful: … 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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