What is the test for disclosing confidential information to counsel?

This has been followed in Nova Scotia in D.L.G. v. Wood, [1995] N.S.J. No. 287 (N.S.C.A) and in Gould v. Shirley, [1998] N.S.J. No. 377 (N.S.C.A.). In the former, Matthews, J.A. said in para. 25: 25 The test is not to determine whether counsel did in fact receive confidential information, but whether counsel ‘might have’ received such information and further that a court ought to be concerned not only with the actual possibility of a conflict of duty, but also with the appearance of such a possibility. The issue is not only related to the clients’ perception but as well the public’s perception, given all of the facts, that a conflict might occur to the prejudice of the client and the public’s interest and perception of the administration of justice.