Can a solicitor who has a previous relationship with the current retainer be found to have imparted confidential information to the client?

Ontario, Canada


The following excerpt is from M.S.K. v. T.L.T., 2011 ONSC 5478 (CanLII):

The question to be asked is whether there existed a previous relationship sufficiently related to the current retainer, and if so, the court should infer that confidential information was imparted unless the solicitor satisfies the court that no information was imparted which could be relevant. This burden has been described as heavy though not impossible [Dalgleish v. Dalgleish, supra] or difficult to discharge [McDonald Estate v. Taylor, supra].

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