What is the test for establishing conflict of interest between a lawyer and a solicitor?

The motions court judge applied the correct test in arriving at his decision. One cannot deal with the issue of conflict without reliance on MacDonald Estate v. Martin. The test set out in that case is in the form of two questions. The first question that needs to be answered is “Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand?” If that question is answered in the affirmative, it must then be determined “if there is a risk that the confidential information will be used to the prejudice of the client.”