What is the test for disclosing confidential information?
Nova Scotia, Canada
The following excerpt is from Transcanada Pipelines Ltd. v. Nova Scotia (Attorney General), 2000 CanLII 2055 (NS SC):
What we have instead is the sort of information that Sopinka, J. said in Martin v. Gray, is unsatisfactory: that is, affidavits attesting to no involvement and no disclosure. Since there is nothing which is independently verifiable, the test in Martin v. Gray, has not been met. The presumption of the sharing of confidential information has not been rebutted. 4. Choice of Counsel
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