Is there a conflict of interest between a solicitor and his law firm?

Sogelco argues that the trial judge failed to apply the principles set out in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 R.C.S. 1235, regarding conflict of interest. Sogelco points out that at pages 1260 and 1261 of the decision, Sopinka, J., sets out a two-fold test that a court must apply to determine if a solicitor and his law firm are in a conflict of interest. Sopinka, J., states as follows: Typically, these cases require two questions to be answered: (1) Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client? […] 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. Not only must the court’s degree of satisfaction be such that it would withstand the scrutiny of the reasonably informed member of the public that no such information passed, but the burden must be discharged without revealing the specifics of the privileged communication.