What is the appropriate test for obtaining confidential information from a solicitor?
Nova Scotia, Canada
The following excerpt is from MacDonald v. Spears, 2006 NSSC 31 (CanLII):
Justice Sopinka in MacDonald Estate v. Martin, supra, at p. 1260, in formulating what he described as “The Appropriate Test” observed: Typically, these cases require two questions to be answered: (1) Did the lawyer receive confidential information attributable to a solicitor and client relaitonship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client?
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