Is there a strong inference that lawyers who work together share confidences?

British Columbia, Canada


The following excerpt is from R. v. Makar Melnichuk, 2003 BCPC 74 (CanLII):

Thus he says there is a strong inference that lawyers who work together share confidences (per Prowse, J. in Hunt v. Hunt [1992] B.C.J. No. 1366), and that one of the factors to be considered is whether or not there has been an appropriate "cooling off period". A former professional relationship will generally not give rise to a reasonable apprehension of bias if there has been a reasonable lapse of time following the association and the prior association did not relate to the matter in issue. C.P.R. v. The Information and Privacy Commissioner et al [2002] B.C.S.C. 603 @ para. 50. Although the facts in the C.P.R. decision are somewhat distinguishable from the case at bar, Ross J. found that a professional relationship that had ended nineteen months prior was an appropriate cooling off period.

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