What is the likelihood of disqualifying a law firm for failing to disclose a conflict of interest within a two year period?

Alberta, Canada


The following excerpt is from South Calgary Properties Ltd. v. J.T. Miller Construction Ltd., 1995 ABCA 213 (CanLII):

The degree of apparent conflict of interest here, and the likely harm, are of course relevant when weighing prejudice under the doctrine of delay (under procedural principles or as equitable laches). If the conflict were large, or serious harm were likely, we would likely disqualify the firm despite the time interval. Or we might disqualify the firm on condition that the party complaining pay costs to remedy its delay. Of course, we do not have that discretion when the case fits squarely within Martin v. Gray, supra, and the complaint of the conflict is made promptly. Then we must disqualify the law firm even if the conflict or likely harm is small.

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