What is the disqualifying conflict of interest test for a lawyer in a personal injury case?
British Columbia, Canada
The following excerpt is from de Guzman et al v. de la Cruz et al, 2004 BCSC 36 (CanLII):
The respondents submit that the petitioners have failed to establish a disqualifying conflict of interest. Relying upon the test articulated by Mr. Justice Sopinka in MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235, counsel submits that there are two questions that must be answered in the affirmative before counsel will be disqualified. These are: (a) did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? (b) is there a risk that it will be used to the prejudice of the client? The test to be considered is whether a reasonably informed person would be satisfied that no use of confidential information would occur.
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