Is there a conflict of interest arising from a previous solicitor client relationship?
British Columbia, Canada
The following excerpt is from Clayton v. Lower Nicola Indian Band, 2011 BCSC 525 (CanLII):
In MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235, the court, in determining whether a conflict of interest existed as a result of a previous solicitor client relationship, had to ascertain whether the lawyer received confidential information attributable to the solicitor client relationship relative to the matter at hand and is there a risk that the confidential information will be used to the client’s prejudice.
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