What is the test used to determine whether there is a disqualifying conflict of interest?

Nova Scotia, Canada


The following excerpt is from Chapates et al. v. Petro Canada et al., 2004 NSSC 52 (CanLII):

The test to be used in determining whether there is a disqualifying conflict of interest was set out by Sopinka J. speaking for the majority in Martin v. Gray (1990), 1990 CanLII 32 (SCC), 77 D.L.R. (4th) 249 at 267 in the following words: ...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.

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