What is the test for imposing strict duties and presumptions of fact on a lawyer?
Alberta, Canada
The following excerpt is from Dreco Energy Services Ltd. v. Wenzel Downhole Tools Ltd., 2006 ABCA 39 (CanLII):
This complaint by the appellant somewhat misses the point. Before one can impose upon a lawyer the strict duties and presumptions of fact found in Martin v. MacDonald, one must first find a solicitor-client relationship, or at the very least something very similar. Otherwise the duties and presumptions have no logical or policy basis. Conversely, if one does not use any such presumption, then one has to show that the facts give the lawyer some duty of confidentiality or loyalty to the person complaining. A duty of loyalty would be very like a fiduciary duty. See Part C above. K. Conclusion on Appeal
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