Can a law firm be disqualified from acting in a law suit for disclosing confidential information?
Saskatchewan, Canada
The following excerpt is from Hill v. Klynveld Peat Marwick Goerdeler (KPMG Peat Marwick), 1999 CanLII 12631 (SK QB):
In MacDonald v. Martin there was nothing beyond the sworn statements of the junior lawyer and the senior partner from her new law firm that no discussion of the litigation had occurred between the junior lawyer and anyone associated with the new law firm. While there was no reason not to accept the sworn testimony of apparently reputable counsel, Sopinka J. concluded, at p. 727, that was not sufficient to demonstrate that all reasonable measures had been taken to rebut the strong inference of disclosure of confidential information. The plaintiff’s law firm was therefore declared to be disqualified from acting further in the law suit.
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