Where someone who is not the client gives information to a lawyer, and expects the lawyer to hold it in confidence, what analysis is needed to reach the conclusion?
Alberta, Canada
The following excerpt is from Dreco Energy Services Ltd. v. Wenzel Downhole Tools Ltd., 2006 ABCA 39 (CanLII):
Where someone who is not the client gives the lawyer information and expects the lawyer to hold it in confidence, more analysis is necessary. Martin v. MacDonald is not a rubber stamp to apply to non-client situations. The result in law or equity may be the same, or may differ, but more evidence and more legal analysis is needed to reach the result.
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